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ELECTION LAWS 


OF THE 


UNITED STATES 


New York State Registry Laws, 


RELATING TO 


REGISTRATION AND ELECTIONS IN THE INCOR¬ 
PORATED CITIES OF THE STATE, (NEW YORK 
AND BROOKLYN EXCEPTED,) AND IN 
INCORPORATED TILLAGES OF THE 
STATE CONTAINING OVER TEN 
THOUSAND INHABITANTS 


TOGETHER WITH 


Forms and Instructions for the Guidance of Super¬ 
visors and Inspectors of Election. 


ISSUED UNDER THE DIRECTION OP 


CHARLES M. DENNISON, 

Chief Supervisor of Elections , A. D. of A. 7 

UTICA, N. Y. 


UTICA, N. Y. 

Curtiss & Childs, Printers and Stationers, 167 Genesee Street. 


1876. 





I %7(= 
C/Opv 2-* 


Entered according to Act of Congress , in the year 1876, 
By CURTISS & CHILDS, 

in the Office of the Librarian of Congress at Washington. 





INSTRUCTIONS 

TO 

SUPERVISORS OF ELECTION. 


Appointed by the United States Circuit Court , second circuit 
for the Northern District of New York. 


The powers and duties of Supervisors appointed by the 
United States Circuit Court are found in sections 2016, 2017, 
2018, 2019, and 2020. Title 26, of the Rivised Statutes, of 
the United States relating to “ The Elective Franchise.” 

Printed copies of the Revised Statutes of the United 
States, namely: Title 25, relating to Citizenship, Title 26, 
relating to the Elective Franchise, Title 30, relating to Natur¬ 
alization, Title 70, Chapter 5, relating to Forgeries, Frauds, 
etc., Title 70, Chapter, 7, relating to crimes against the 
Elective Franchise and civil rights of citizens ; and the Regis¬ 
try Law of the State of New York, relating to Registration 
and Elections in the incorporated cities of the State (New 
York and Brooklyn excepted), and in all incorporated villages 
containing over 10,000 inhabitants, are appended. 

Qualifications of Supervisors. Supervisors 
must be qualified voters of the city in which they are ap¬ 
pointed to discharge their duties. § 2028, R. S. U. S. And 
must be of different political parties, and able to read and 
write the English language. § 2012, Id. 

Before entering upon their duties they must take and sub¬ 
scribe the required oath of office. 

General Powers and Duties of Supervis¬ 
ors. Supervisors of election, are authorized and required to 
attend at all times and places fixed for the registration of voters, 
who, being registered, would be entitled to vote for a Repre- 



4 


sentative or Delegate in Congress, and to challenge anj person- 
offering to register. § 2016, R. S. U. S. 

To attend at all times and places when the names of reg¬ 
istered voters may be marked for challenge, and to cause such 
names registered as they may deem proper to be so marked. 

§ 2016, Id. 

And upon any occasion, and at any time when in attend¬ 
ance upon the duty herein prescribed, to personally inspect 
and scrutinize such registry, and for purposes of identification 
to affix their signature to each page of the original list, and of 
each copy of any such list of registered voters, at such times, 
upon each day when any name may be received, entered, or 
registered, and in such manner as will, in their judgment, 
detect and expose the improper or wrongful removal there¬ 
from, or addition thereto, of any name. § 2016, Id. 

They are authorized and required to attend at all times and 
places for holding elections of Representatives or Delegates 
in Congress, and for counting the votes cast at such elections 
to challenge any vote offered by any person, whose legal 
qualification the supervisors, or either of them, may doubt; to 
be and remain where the ballot-boxes are kept at all times after 
the polls are open until every vote cast at such time and place 
has been counted, the canvass of all votes polled wholly 
completed, and the proper and requisite certificates or returns 
made, whether the certificates or returns be required under 
any law of the United States, or any State, territorial or 
municipal law, and to personally inspect and scrutinize, from 
time to time, and at all times, on the day of election, the 
manner in which the voting is done, and the way and method 
in which the pollbooks, registry-lists, and tallies or check¬ 
books, whether the [same are required by any law of the* 
United States, or any State, territorial or municipal law are 
kept. § 2017, Id. 

That each candidate for the office of Representative or 
Delegate in Congress may obtain the benefit of every vote 
for him cast, the supervisors of election are, and each of them 
is, required to personally scrutinize, count and canvass each 
ballot in the election district or voting precinct cast, whatever 
may be the endorsement on the ballot, or in whatever box it 
may have been placed or be found. § 2018, Id. 


5 


To attach to the registry-list, and any and all copies thereof, 
^,nd to any certificate, statement, or return, whether the same 
or any part or portion thereof, be required by any law of the 
United States, or of any State, territorial, or municipal law, 
any statement touching the truth or accuracy of the registry, 
or the truth or fairness of the election and canvass, which the 
supervisors ot the election, or either of them, may desire to 
make or attach, or which should properly and honestly be 
made or attached, in order that the facts may become known. 
§ 2018, Id. 

They are authorized and directed, in their respective election 
districts or voting precincts, on the day of registration, on the 
day when registered voters may be marked to be challenged, 
and on the day of election, to take, occupy, and remain in 
such position, from time to time, whether before or behind 
the ballot-boxes, as will, in their judgment, best enable them 
to see each person offering himself for registration or offering 
to vote, and as will best conduce to their scrutinizing the man¬ 
ner in which the registration or voting is being conducted. 
.§ 2019, Id. 

And at the closing of the polls for the reception of votes, 
they are required to place themselves in such position, in 
relation to the ballot-boxes, for the purpose of engaging in the 
work of canvassing the ballots, as will enable them to fully 
perform the duties in respect to such canvass provided herein, 
and shall there remain until every duty in respect to such 
canvass, certificates, returns and statements has been wholly 
completed. § 2019, Id. 

Registration. Section 5513, R. S. U. S. provides 
that every registration made under the laws of any State or 
Territory for any State or other election at which, a Representa¬ 
tive or Delegate in Congress may be chosen, shall be deemed 
to be a registration within the meaning of the preceding sec¬ 
tions notwithstanding such registration is also made for the 
purposes of any State, Territorial or municipal election. 

Chapter 570 of the Laws of the State of New York, passed 
May 7, 1872, as amended in 1873, provides for the registration 
of voters in all incorporated cities in the State of New York, 
New York and Brooklyn excepted, and in all incorporated 
villages containing over ten thousand inhabitants. 


6 


The registration to be made for the general election to be 
held on the 7th of November, 1876, at which Representatives 
in Congress are to be chosen, must conform to the State Law, 
and any violation of the acts of Congress or State Laws relat¬ 
ing to the registering, refusing to register, obstructing, hinder¬ 
ing, delaying or preventing any citizen from doing any act re¬ 
quired to be done to qualify him to vote, are punishable under 
the State and National Laws. 

It will be the duty of the supervisors to see that the provis¬ 
ions of the State Law relating to registration, voting and the 
canvass of votes are strictly complied with. 


Proceedings of the Inspectors of Election as 
a Board of Registry. 

First Meeting. The inspectors of election should* 
procure from the clerk’s office, in which they are deposited, 
the poll-list of 1875 made and filed by the inspectors of the 
district at the last preceding general election. § 2, N. Y. R. L. 

They are required to meet as a board of registry at nine 
o’clock, a. m., on Tuesday, three weeks previous to the general 
election. The general election takes place this year (1876,) on 
the seventh of November; and the first meeting of the inspec¬ 
tors is therefore, on the seventeenth of October. § 1, N. Y. 
R. L. 

Place of meeting. The meeting is to be held at the 
place designated for holding the poll of said election (§ 1 ) 
but no building, or part of a building, shall be designated as a 
registry or polling place, in which, or any part of which, spiritu¬ 
ous or intoxicating liquors are sold. § 16, N. Y. R. L. 

Org anization. The inspectors organize as a board of 
registry by appointing one of their number chairman, who 
shall administer to the other inspectors the oath of office, and 
the same oath shall then be adminstered to the chairman by 
one of the other inspectors. § 1, N. Y. R. L. 

Clerk. The board is authorised to appoint a clerk who 
must before intering upon his duties take the same oath required 
by law of the clerks of the polls and of election. § 10, N. Y. 

R. L. 


7 


Preservation Of order. The board of registry 
have the same powers, in preserving order at their meetings 
under the registry law as are given to inspectors of election on 
election day. § 13, K Y. R. L. 

Inspectors of elections on election day have authority to pre¬ 
serve peace and good order at and around the polls of the elec¬ 
tion, and to keep the access thereto open and unobstructed. 
If any person shall refuse to obey the lawful command of the 
inspectors, or by disorderly conduct in their presence or hear¬ 
ing shall interrupt or disturb the proceedings, they may make 
an order directing the sheriff or any constable of the county 
to take the person so offending into custody, and detain him 
until the final canvass of the votes shall be complete. 1 R. S. 
N. Y. 6th Ed. 438, §§ 32, 33, 34. 

United States Officers Required to Preserve 
Order and Prevent Fraud, &c. 

The U. S. Marshal his general and special deputies are to keep 
the peace and support and protect the supervisors of election in 
the discharge of their duty; are to preserve order at the places 
of registration and the polls; to prevent fraudulent registration 
or voting or fraudulent conduct on the part of any officer of 
election, and they are authorized to arrest without process for 
offences against the U. S. Laws committed in their presence. 
§ 2022, R. S. U. S. 

Duration Of first meeting 1 . The board is re¬ 
quired to sit until nine o’clock, p. m., of each day. 

They can if necessary, sit two days, for the purpose of mak- 
iug the list; provided, that at the annual election next prior 
to said meeting, the number of votes in their district exceeded 
four hundred. § 1, N. Y. R. L. 

List of voters. The said board shall proceed to make 
a list of all persons qualified and entitled to vote, at the ensu¬ 
ing election, in the election district of which they are inspec¬ 
tors. Said list, when completed, shall constitute and be known 
as the register of electors of said district. § 1, N. Y. R. L. 


8 


To enter in their list of voters the names, alphabetically 
arranged, of all persons residing in their election district, whose 
names appear on the poll-list of the said last preceding general 
election. § 2, N. Y. E. L. 

New election district. If a new election district shall 
have been formed, the board shall enter in the list the names 
of such persons entitled to vote in the new election district 
whose names appear upon the poll-list of the last general elec¬ 
tion, kept in the district or districts from which said new elec¬ 
tion district is formed. § 2, N. Y. E. L. 

What registers’ list to contain. Said registers, so pre¬ 
pared by the board, shall each contain a list of all persons 
qualified and entitled to vote in said election district at the 
ensuing election, alphabetically arranged according to their 
respective surnames, so as to show in one column the name at 
full length, and in another column the residences by number, 
or if the person be an occupant of a tenement house occupied 
by several persons or a lodging place, then they shall also enter 
the number of the room, it any, and the floor or story of said 
tenement or lodging house occupied by said person, and the 
name of the street on which said dwelling-house, tenement or 
lodging place is located. § 2, N. Y. E. L. 

Challenge of the right of any person to be placed 
on the Register. The supervisors and inspectors of elec¬ 
tion (§ 5, N. Y. E. L.) or any person who is a qualified voter 
in any city shall have the right in any and all election districts 
in such city to challenge and contest the right of any person 
to be placed on any register within said city, (§ 8, N. Y. E. L.) 
and if challenged, the same oath may be administered by the 
inspectors, as may by law be administered to persons offering 
to vote at an election. § 5, N. Y. E. L. See oaths at pages 
20 and 21. 

Causes for Challenge. See qualification of voters at 
pages 20 and 21. 


9 


FORM OF REGISTER. 


Register of Electors in the ... Election District of the 

.. Ward , of the city of _, made by the 

Board of Registry of said District , October , 1876. 


NAMES OP ELECTORS. 

NAME OP STREET, ETC. 

NO. OP DWELLING. 

A. 



Allen, John B. 

Clinton avenue. 

60 

Adams, Chas. Francis. 

John street. 

10 

B. 


Brown, George. 

Clinton avenue. 

70 

Butcher, Samuel. 

4t,h street. 

9 

C. 

Oanfield, Simon. 

Genesee street. 

40 

Capron, John S. 

Corner John and Mary.... 

3d floor, room { 

And so on through the alphabet. 




Register and Copies. The inspectors are to com¬ 
plete, as far as practicable, the register on the day or days of 
their meeting, to make four copies, each of which is to be 
certified within two days thereafter. § 2, N. Y. R. L. The 
following form is sufficient: 

“ The undersigned, composing the Board of Registry for the election 
district of the Ward, of the city of , do certify that the foregoing 
is a true list of the voters in said district, so far as the same are known 
to us.” 

JOHN DOE, ) Inspectors 

RICHARD ROE, > of 

Dated, October 18, 1876. JAMES JACKSON, ) Election . 

AttestRICHARD SMITH,) Supervisors of 
JAMES SEARLES,) Election. 

Supervisors should mark the lists for 
identification. The United States Statutes require the 
supervisors to personally inspect and scrutinize such registry, 
and for purposes of identification to affix their signature to 
each page of the original list, and of each copy of any such 























10 


list of registered voters, at such times, upon each day when 
any name may be received, entered or registered, and in such 
manner as will in their judgment, detect and expose the im¬ 
proper or wrongful removal thereform or addition thereto of 
any name. §2016, R. S. U. S. 

The supervisors should also see that the provisions of the 
Registry Law, requiring that each name registered should be 
followed by the street and number, and, if an occupant of a 
tenement or lodging place, the floor and number of the room, 
are complied with. 

Supervisors to make copy of list. Each 

supervisor should make a copy of the list or registry when 
completed, and preserve the same for use at the second meet¬ 
ing of the board of registry. 

Original list to be filed and copy posted. 

The inspectors are required to file the original list in the 
office of the city clerk, and post one copy in the room in 
which the board of registry held its meeting. 


Second Meeting of the Board of Registry. 

The said board shall again meet on the Friday of the 
week preceding the day of the general election, at the places 
designated for holding the polls of election, for the purpose of 
revising and correcting said list, at eight o’clock in the morn¬ 
ing, and remain in session until nine o’clock p. m. of that day 
and the day following. § 3, N. Y. R. L. 

Revising* list. The board shall then revise, correct* 
add to and subtract from, and complete the said list, and shall 
on that day add to the said list the name of any person who- 
would, on Tuesday succeeding the first Monday of November* 
be entitled, under the provisions of the constitution and laws 
of this State, to exercise the right of suffrage in their respec¬ 
tive election districts. But in making such additions on that 
day , or on any prior day , they shall not place on the said list 
the name of any person except in strict compliance with the 
provisions of section two and section four of the aforesaid 
act , and the other provisions of said act. §3, N. Y. R. L. 

When additions to be made to the list. 

No additions shall be made to the said register of the name 
of any person, nor shall the name of any person be placed 
thereon, except of one who shall have appeared in person be¬ 
fore said board. § 4, N. Y. R. L. 

Copy of first list to be used. One of the lists 
made at the first meeting and kept by the inspectors, as pro¬ 
vided in § 2 Id., shall be used by them for making corrections 
and additions and completing the list. § 4 N. Y. R. L. 

Proceedings to be public. The proceedings of 
said board of inspectors shall be open, and all persons residing 
and entitled to vote in said district shall be entitled to be 
heard b} T said inspectors in relation to corrections or additions 
to said register. § 4, N. Y. R. L. 


12 


Naturalized persons. Any person not born in 
the United States, on applying to have his name placed on the 
register, shall prove that he is a citizen of the United States, 
by producing a certificate of naturalization from a court of 
competent jurisdiction ; nor shall any other proof of his being 
-a citizen be received, unless he shall first show to the satisfac¬ 
tion of the board of registry that such certificate has been 
issued to him, and that he is unable to produce such certificate 
by reason of loss or destruction thereof. § 4. Id. The rule 
established in courts of law as to loss or destruction of instru¬ 
ments so as to admit other evidence of their contents should 
be followed by the inspectors. 

Particular attention is called to §§ 5424, 5425, 5426, 5427, 
5428 and 5429, of Title 70 Chap. 5 of the Revised Statutes of 
the United States relating to Forgeries, Frauds, &c. 

This statute was intended to reach all cases of fradulent 
naturalization. Section 5428 provides: That every person 
who knowingly uses any certificate of naturalization heretofore 
.granted by any court, or hereafter granted, which has been or 
may be procured through fraud, or by false evidence, or has 
been or may be issued by the clerk, or any other officer of the 
court, without any appearance and hearing of the applicant in 
court, and without lawful authority; and every person who 
falsely represents himself to be a citizen of the United States, 
without having been duly admitted to citizenship, for any 
fraudulent purpose whatever, shall be punishable by a fine of 
not more than $1,000, or be imprisoned not more than two 
years, or both. 

Erasing* Names. It shall be the duty of said in¬ 
spectors, at their meeting for revising and correcting said lists, 
to erase therefrom the name of any person inserted therein 
who shall be proved to the satisfaction of said inspectors to be 
a non-resident of said district or otherwise not entitled to vote 
in said district at the election then next to be held. § 5, N. 
Y. R. L. 

There is great danger in the exercise 
Of this power. In the haste and confusion that some 
times attends Registration, the board may act upon mistaken 


13 


or insufficient evidence, and erase the name of an elector who* 
by that act is debarred from voting the State and Local Ticket. 

Section 5 of the N. Y. R. L. provides that any name on 
the Register may be marked for challenge and in case of any 
doubt it would be better to allow the name to remain, but 
marked for challenge. Blanks for the purpose of challenge 
will be furnished the supervisors of election. 

elector may require his name to be 
added. Any elector residing in said district, and entitled 
to vote therein, may appear before said board of inspectors and 
require his name to be recorded on said alphabetical list, and 
upon complying with the requirements of this act, the same 
shall be recorded. Any person so requiring his name to be en¬ 
tered on said list shall make the same statement as to street or 
number thereof, and where he resides, required, by the provis¬ 
ions of the act, of persons offering their votes at the election, 
and shall be subject to the same pains and penalties for refusing 
to give such information, or for falsely giving the same. 

And shall also be subject to challenge 

by the inspectors (§ 5, N. Y. R. L.) or by any person who is a 
qualified voter in said city, (§ 8 1ST. Y. R. L.) and the same 
oath may be administered by the inspectors as may, by law, 
be administered to persons offering to vote at an election. § 5, 
1ST. Y. R. L. 

See oaths at page 21. 

Registered names shall be marked for 
Challenge. At such meeting for revision and correction, 
it shall be the right of any elector of the district to examine 
said registry, and if, upon oath, he shall declare that he has 
reason to believe that any person on said list is not a qualified 
elector, the said inspectors shall place the words “ to be chal¬ 
lenged,” opposite the name of such person to whom, while offer¬ 
ing his vote, the general oath as to qualifications shall be ad¬ 
ministered, and if he shall refuse to take such oath, he shall 
not be permitted to vote. 

Forms of challenge, under § 5, will be furnished supervisors. 
The blanks should be filled up, sworn to and left with the board 
during its second meeting. 


14 


Corrected list, copies. After said list shall have 
been fully completed, the said inspectors shall cause four copies 
of the same to be made, each of which shall be certified by them 
to be a correct list of the voters of their district, one of which 
shall be filled in the office of the city clerk, and one of which 
copies shall be retained by each of the said inspectors, for use 
on election day. § 6, N. Y. R. L. 

Duty of Supervisors at the second meet- 
ins’ of the board. Supervisors, for the purposes of 
identifying the corrected lists, should affix their signatures to 
every page of the original list, and each and every copy in the 
same manner as at the first meeting of the board, and should 
provide themselves with copies of the list for their own use on 
election day. 

Punishment for false registration un¬ 
der the State law. Section 14 of the New York regis¬ 
try law provides that any person who shall cause his name to be 
registered in more than one election district, or who shall cause 
his name to be registered, knowing that he is not a qualified voter 
in the ward or district where said registry is made, or who shall 
falsely personate any registered voter, and any person causing 
any such act, or aiding, abetting, inducing or procuring any 
person to be fraudulently registered as a voter, in any election 
district in which such person is not at the time a legally quali¬ 
fied voter, or who shall cause or procure or be in any manner 
instrumental in procuring any person to vote or offer to vote 
in any election district in which such person is not at the time 
a legally qualified voter therein, or who shall advise or in any 
mannner incite any person to vote or offer to vote at any such 
election in an assumed or fictitious name, shall be adjudged 
guilty of a felony, and shall, upon conviction thereof, be impris¬ 
oned in the State prison for a term “ of not less than one nor 
more than three years.” 

Punishment for false swearing before 
the board. Section 14, Id., provides that any person who 
shall swear falsely before said board of registration shall be deem¬ 
ed guilty of willful and corrupt perjury, and, on conviction, 
punished as such. 


15 


Punishment under the U. S. Laws for 
False Registration, False Personation, 

Sl C. Section 5512, R. S. U. S. provides that if any person 
knowingly personates and registers, or attempts to register, 
in the name of any other person, whether living, dead, or fic¬ 
titious, or fraudulently registers, or fraudulently attempts to 
register, not having a lawful right so to do; he shall be pun¬ 
ished by a fine of not more than five hundred dollars, or by 
imprisonment not more than three years, or by both, and 
shall pay the costs of the prosecution. 

Punishment under the U. S. Laws for 
Wrongful Voting, False Personation, Vot¬ 
ing Twice, Preventing Legal Voting.— 

Section 5511, R. S. U. S. provides that if any person know¬ 
ingly personates and votes, or attempts to vote, in the 
name of any other person, whether living, dead or fictitious ; 
or votes more than once at the same election for any candidate 
for the same office; or votes at a place where he may not be 
lawfully entitled to vote ; or votes without having a lawful 
right to vote; or does any unlawful act to secure an opportu¬ 
nity to vote for himself, or any other person, he shall be pun¬ 
ished by a fine of not more than five hundred dollars, or by 
imprisonment not more than three years, or by both, and shall 
pay the costs of the prosecution. 

Punishment of Bribery under the U. S. 
Laws. Section 5511, R. S. U. S. provides that if any per¬ 
son shall, by force, threat, intimidation, bribery, reward, or of¬ 
fer thereof, unlawfully prevent any qualified voter of any 
State, or of any Territory, from freely exercising the right of 
suffrage, or by any such means induces any voter to refuse to 
exercise such right, he shall be punished by a fine of not more 
than five hundred dollars, or by imprisonment not more than 
three years, or by both, and shall pay the costs of prosecution. 

Punishment of Inspectors for Fraud, &c. 

Section 14, N. Y. R. L. further provides that if any member 
or officer of the Board of Inspectors shall, knowingly, permit 
any person to register his name as a voter, or willfully violate 


16 


any of the provisions of this act, or be guilty of any fraud in 
the execution of the duties of his office, he shall be punished,, 
upon conviction thereof, for each and every offence, by im¬ 
prisonment in the State prison for a term of not less than two 
nor more than five years. 

Section 5511, U. S. E. S. also punishes an inspector for 
knowingly receiving the vote of any person not entitled to 
vote, or refusing to receive the vote of any person entitled to, 
by fine of not more than five hundred dollars, or by impris¬ 
onment not more than three years, or both, and the costs of 
the prosecution. 


MANNER OF CONDUCTING ELECTIONS. 

Organization and Proceedings at the Polls. 

Inspectors to form Board. The inspectors shall meet 
at the time and place when and where an election shall have 
been appointed to be held, and proceed to organize themselves 
as a board. 1 R. S. N. Y. 434, §1, 6th Edition. 

Supervisors to attend Polling-places. Sections 2017, 
2018, 2019, R. S. U. S. point out clearly and distinctly the 
duties and powers of Supervisors on election day, and their 
attention is particularly called to the above sections. 

Chairman ; Oaths. The inspectors shall appoint one of 
their number chairman of the board, who shall administer to 
the other inspectors the oath of office, as prescribed by the 
constitution, and the same oath shall then be administered to 
the chairman by one of the other inspectors. Id. §2. 

Clerks. The inspectors, or a majority of them, having 
severally taken such oath, the board shall then appoint two 
clerks, to be called clerks of the poll. Id., § 3. 

The clerks shall each take the constitutional oath of office, 
which the chairman of the board will administer. Id., §4. 

Opening and Closing Polls. The poll shall then be 
opened, and proclamation made thereof, and of the time when 
the same will be closed. Id. 5. 

The polls in the several cities shall be opened at sunrise, 
and shall be kept open till the setting of the sun; and no ad¬ 
journment or intermission whatever shall take place until the 
same be closed. Id. 5. 

Duty of Clerks. The clerks at each poll, in addition 
to the duties heretofore prescribed by law, shall enter on the 
poll-lists kept by them, in columns prepared for that purpose, 
opposite the name of each person voting, the same statement 
or minute hereinbefore required of inspectors in making the 

B 


18 


registry, that is, the name at full length, the residence by 
street and number, or number of room or floor occupied in a 
tenement, but such entry is not to be made by them if the 
registry contains correctly the name and residence of such 
voter. § 7, N. Y R. L. 

Elector to make statement. Every elector at 
the time of offering his vote shall, if required, truly state the 
street in which he resides, and if the house, lodging or tene¬ 
ment in which he resides is numbered, the number thereof, 
and if a tenement or lodging house, the number of the room, 
if any, and the floor or story of such tenement or lodging 
house. § 7, N. Y. R. L. 

Clerk to enter statement. The clerk of the 
poll shall truly enter in the appropriate columns of the poll- 
list, opposite the name of the elector, the street in which the 
elector resides and the number, in case the house, tenement or 
lodging house is numbered, and if a tenement or lodging 
house, the number of the room, if any, and the floor or story 
of such tenement or lodging house; and if such house, tene¬ 
ment, lodging or room is not numbered, then the clerk shall 
enter “ not numbered” in the column of the poll-list set apart 
for that purpose; and in case of refusal to make the state¬ 
ment as aforesaid , the vote of such elector shall not be received. 
§ 7, N. Y. R. L. 

Penalty for false statement. Any person who 
shall willfully make any false statement in relation thereto 
shall be deemed guilty of a misdemeanor, and shall, upon con¬ 
viction, be punished with a tine of fifty dollars, or by im¬ 
prisonment in the county jail of the county, or the city pris¬ 
on of the city, where such voter offers to vote, for a period 
of thirty days, or by both such fine and imprisonment. § 7, 
JST. Y. R. L. 

When Voting for State Officers only regis¬ 
tered Voters to vote. Section 6 of the K Y. Registry 
Law prescribes that no vote in any city or village of over 10,000 
inhabitants shall be received at any annual election in this State, 
unless the name of the person offering to vote be on the said reg¬ 
istry, made and completed as hereinbefore provided preceding 


19 


'the election. And any vote which shall be received by the 
said inspectors of election in contravention of this section 
shall be void, and shall be rejected from the count in any leg¬ 
islative or judicial scrutiny into any result of the election. 

When unregistered Elector may vote. Sec¬ 
tion 2007, Title 26, of the Eevised Statutes of the United 
States, in so far as the right of a person to vote for Eepre¬ 
sentative in Congress, is in question, overrides the provisions 
of the State law, and any person brought within the provi¬ 
sions of the National Law, must at least be permitted to vote 
for Eepresentative in Congress. 

The following is the text of Sec. 2007: “ Whenever under 
the authority of the constitution or laws of any State, or the 
laws of any Territory, any act is required to be done by a cit¬ 
izen as a pre-requisite to qualify or entitle him to vote, the 
offer of such citizen to perform the act required to be done 
shall, if it fail to be carried into execution by reason of the 
wrongful act or omission of the person or officer charged with 
the duty of receiving or permitting such performance or offer 
to perform, or acting thereon, be deemed and held as a per¬ 
formance in law of such act; and the person so offering and 
failing to vote, and being otherwise qualified, shall be entitled 
to vote in the same manner and to the same extent as if he 
had in fact performed such act.” 

Under this Statute it would seem that any of the following 
classes, whose names do not appear on the final Eegister, 
would be entitled to vote for Eepresentative in Congress: 

1. One whose name appeared on the poll list at the annual 
election for 1875. 

2. One whose name was properly on the preliminary or 
final Eegister, but through mistake or design, was left off the 
final Eegister. 

3d. One who had properly appeared before the board for 
Eegistry, and complied with, or offered to comply with, the 
requirements entitling him to be registered. 

False personation in voting. An elector properly 
registered, can not be deprived of his vote by reason of the 


20 


false personation of one who has appeared and voted in hi& 
stead. There may be a question of identity—this being set¬ 
tled, the real elector is entitled to have his ballot deposited. 

WllO may challenge. Any qualified voter in any 
city, and any supervisor of election, may challenge and con¬ 
test the right of any person to vote at any poll within the 
city, whether the person so challenging reside in the district 
or not. § 8, N. Y. R. L. § 2017 R. S. U. S. 

Qualification of Voters. § 1. Every male citizen 
of the age of twenty-one years, who shall have been a citizen for 
ten days, and an inhabitant of this State one year next preced¬ 
ing an election, and for the last four months a resident of the 
county, and for the last thirty days a resident of the election 
district in which he may offer his vote, shall be entitled to 
vote at such election in the election district of which he shall 
at the time be a resident, and not elsewhere for all officers that 
now are or hereafter may be elective by the people; and upon 
all questions which may be submitted to the vote of the people, 
provided that in time of war no elector in the actual military 
service of the State, or of the United States, in the army or 
navy thereof, shall be deprived of his vote by reason of his 
absence from such election district. Constitution, article 2, § 1. 

§ 2. No person who shall receive, expect or offer to receive, 
or pay, offer or promise to pay, contribute, offer or promise to 
contribute to another, to be paid or used, any money or other 
valuable thing as a compensation or reward for the giving or 
withholding a vote at an election, or who shall make any prom¬ 
ise to influence the giving or withholding any such vote, or 
who shall make or become directly or indirectly interested in 
any bet or wager depending upon the result of any election, 
shall vote at such election ; and upon challenge for such cause, 
the person so challenged, before the officers authorized for that 
purpose, shall receive his vote, shall swear or affirm before such 
officers that he has not received or offered, does not expect to 
receive, has not paid, offered or promised to pay, contributed, 
offered or promised to contribute to another, to be paid or used, 
any money or other valuable thing as a compensation or reward, 
for the giving or withholding a vote at such election, and has 
not made any promise toinfluence the giving or withholding 


21 


of any such vote, nor made or become directly or indirectly 
interested in any bet or wager depending upon the result of 
such election. Constitution, Article 2, § 2. 

§ 3. For the purpose of voting, no person shall be deemed 
to have gained or lost a residence, by reason of his presence 
or absence, while employed in the service of the United States; 
nor while engaged in the navigation of the waters of this 
State; or of the United States, or of the high seas; nor while 
a student of any seminary of learning ; nor while kept at any 
almshouse, or other asylum, at public expense; nor while 
confined in any public prison. Constitution, Article 2, § 3. 

Preliminary Oath on challenge. If any 

person offering to vote at any election shall be challenged in 
relation to his right to vote at that election, one of the in¬ 
spectors shall tender to him the following preliminary oath: 
“ You do swear (or affirm) that you will fully and truly answer 
all such questions as shall be put to you, touching your place 
of residence and qualifications as an elector.” 1 R. S. N. Y. 
435, § 1. 

Questions under preliminary oath. The 

inspectors or one of them shall then proceed to question the 
person challenged in relation to his name; his place of resi¬ 
dence ; how long he has resided in the town or ward where 
the vote is offered ; what was his last place of residence before 
he came into that town or ward, and also as to his citizenship, 
and whether a native or naturalized citizen, and, if the latter, 
when, where, and in what court, or before what officer he was 
naturalized; whether he came into the town or ward for the 
purpose of voting at that election ; how long he contemplates 
residing in the town or ward; and all such other questions as 
may tend to test his qualifications as a resident of the town or 
ward, citizenship and right to vote at that poll. Id., § 14. 
He may also be questioned as to any of the disqualifications 
embraced in article 2, § 2, of the Constitution. 

When a person refuses to be sworn or answer ques¬ 
tions. If any person shall refuse to take the said preliminary 
oath when tendered, or to answer fully any questions which 
shall be so put to him, his vote shall be rejected. Id., § 15. 


22 


General oath. If the person so offering shall persist in 
his claim to vote, and the challenge shall not be withdrawn, 
one of the inspectors shall then administer to him the follow¬ 
ing oath. Id., §§ 16, 17. 

Form of general oath. “ Yon do swear (or affirm, as 
the case may be) that you have been a citizen of the United 
States for ten days, and are now of the age of twenty-one 
years; that you have been an inhabitant of this State for one 
year next preceding this election, and for the last four months 
a resident of this county, and for the last thirty days a resi¬ 
dent of this election district; and that you have not voted at 
this election.” If the person so offering shall be challenged 
for causes stated in section two of article two of the Constitu¬ 
tion of this State, the following additional oath shall be ad¬ 
ministered by one of the inspectors : 

“ You do swear (or affirm, as the case may be) that you have 
not received or offered, do not expect to receive, have not paid, 
offered or promised to pay, contributed, offered or promised 
to contribute to another, to be paid or used any money or 
other valuable thing as a compensation or reward for the giving 
or withholding a vote at this election, and have not made any 
promise to influence the giving or withholding of any such 
vote ; and that you have not made any bet or wager, and are 
not directly or indirectly interested in any bet or wager de¬ 
pending upon the result of this election.” 

If the person so offering shall be challenged on the ground 
of his having been convicted of bribery or any infamous crime, 
the following additional oath shall be administered to him by 
one of the inspectors: “You do swear (or affirm) that you 
have not been convicted of bribery or any infamous crime, or 
if so convicted, that you have been pardoned and restored to- 
all the rights of a citizen.” Ses. Laws, 1875, chap. 138. 

Oaths to colored men. All laws directing or re¬ 
quiring the registers or inspectors of election, or other officers 
of election, to tender to or require of a colored man offer¬ 
ing to vote, whether when challenged or not challenged, any 
oath other than or different from the oath which they are di¬ 
rected^*) tender to or require of a white man in like cases, are 
repealed. 


23 


Memorandum of challenges and Oaths. The 

inspectors of election shall keep a minute of their proceed¬ 
ings, in respect to the challenging and administering oaths 
to persons offering to vote, in which shall be entered by one 
of them the name of every person who shall have taken the 
oaths prescribed by this act, or either of them, specifying in 
each case whether the preliminary oath, or the general oath, 
or both, were taken ; which minute and statement shall be 
certified by such inspectors, and returned by them to the office 
at which their return of votes given at such election is made, 
and at the same time, and shall there be filed. The inspectors 
shall also direct the clerks of the polls to designate, by some 
appropriate mark, opposite to his name, every person entered 
on said list who shall have taken said oaths, or either of them. 
1 E. S. N. Y. 437, § 22. 

Separate Ballot Boxes. The Inspectors are required 
to provide and keep separate ballot boxes for the different 
ballots of each elector. 

The boxes should be labeled in the following order: 1st, 

Electors2nd, “ State ;” 3rd, “ Congress;” 4th, “Senate;” 
5th, “Assembly;” 6th, “Judiciary;” 7th, “Constitutional 
Amendment;” and each ballot must be deposited in the box 
corresponding with the endorsement on the ballot. 

Boxes for Electors. When electors of president 
and vice president are to be chosen, a separate box shall in 
like manner be provided, in which shall be deposited the bal¬ 
lots for such electors. 1 E. S. N. Y. 438, § 25. 

Boxes to be Locked, Each box shall be provided 
with a sufficient lock, and shall be locked before the opening 
of the poll, and the keys thereof delivered to one of the in¬ 
spectors, to be appointed by the board, and shall not be opened 
during the election, except in the manner and for the purposes 
hereinafter mentioned. Id., § 26. 

Opening in Boxes, An opening shall be made in 
the lid of each box, not larger than shall be sufficient for a 
single closed ballot to be inserted therein at one time, through 
which each ballot received, proper to be placed in such box, 
shall be inserted. Id., § 27. 


24 


Inspectors to deposit ballot. When the board 
shall have finally received the ballot of an elector, one of the 
inspectors, without opening the same, or permitting it to be 
opened or examined, shall deposit it in the box corresponding 
in title with the indorsement of the ballot. Id., § 28. 

Poll list. Each clerk of the poll shall keep a poll list 
which shall contain one column headed “Names of Voters,” 
and so many additional columns as there are boxes kept at 
the election. The heading of each additional column shall 
correspond with the name of one of the boxes so kept. 
Id., § 29. 

Names of voters to be entered. The name of each 
elector voting shall be entered by each clerk in the column of 
his poll list headed “Names of voters;” and when there shall 
be more than one box kept, opposite such name shall be writ¬ 
ten the figure 1, in each remaining column of such poll list, 
corresponding in its heading with the name of a box in which 
a ballot of the elector shall have been deposited. Id., § 30. 

Inspectors to Challenge. It is the duty of each in¬ 
spector to challenge every person offering to vote, whom he 
shall know or suspect not to be duly qualified as an elector. 
Id., § 31. 

Supervisors to Challenge. It is the duty of each 
supervisor to challenge every voter whom he shall know or 
suspect, not to be duly qualified as an elector. § 2017. R. S. 

u. s. 

Preserving Order. The inspectors and supervisors 
of election, marshals and their deputies have the same power 
to preserve order on election day as is given them on days of 
registry. 1 R. S. N. Y., 438-9. § 32, 33, 34. § 2021, R. 

s. u. s. 

See page 7. 

Closing the Poll. At the setting of the sun the Inspec¬ 
tors will announce the closing of the polk 


CANVASS AND ESTIMATE OF VOTES. 


When and how made. As soon as the poll of an 
election shall have been closed, the inspectors shall proceed to 
canvass the votes. Such canvass shall be public, and shall not 
be adjourned or postponed until it shall have been fully com¬ 
pleted. 1 R. S. 439, § 35. 

Comparison of poll lists—First duty. The canvass 
shall commence by a comparison of the poll lists from the 
commencement, and a correction of any mistakes that may be 
found therein. 1 R. S. 439, § 36. 

Order Of canvass. Immediately after the first closing 
of the poll, the ballot boxes used shall be opened and the votes 
therein can vassed as follows: 

1. The box containing the ballots indorsed “ Electors.” 

2. “ “ “ “State.” 

3. “ “ “ “Congress.” 

4. “ “ “ “ Senate.” 

5 “ “ “ “ Assembly.” 

6. “ “ “ “Judiciary.” 

7, “ “ “ “ Constitutional Amendment.” 

Chap. 711, Laws of New York, 1871.- 1 R. S. N. Y., 439, 

§37. 

See page 23. 

Ballots to be Counted. Each box being opened, the 
ballots contained therein shall be taken out and counted un¬ 
opened, except so far as to ascertain that each ballot is single. 
And if two or more ballots shall be found so folded together 
as to present the appearance of a single ballot, they shall be 
destroyed, if the whole number of ballots exceed the whole 
number of votes, and not otherwise. Id., § 41. 

Ballots in wrong box. No ballot properly indorsed, 
found in a box different from that designated by its indorse¬ 
ment, shall be rejected, but shall be counted in the same man- 





26 


ner as if found in the box designated by such indorsement, pro? 
vided that, by the counting of such ballot or ballots, it shall 
not produce an excess of votes over the number of voters, as 
designated by the poll lists. Id., § 42. 

Where Ballots exceed the T*ote. If the ballots shall 
be found to exceed in number the whole number of votes on 
the correspondent columns of the poll lists, they shall be re¬ 
placed in the box, and one of the inspectors shall, without 
seeing the same, publicly draw out and destroy so many bal¬ 
lots, unopened, as shall be equal to such excess. Id., § 43. 

Excess to be destroyed . If, after having opened 
or canvassed the ballots, it should be found that the whole 
number of them exceeds the whole number of voters entered 
on the poll lists, the inspectors shall return all the ballots into 
the box, and shall thoroughly mingle the same ; and one of 
the inspectors, to be designated by the board, shall publicly 
draw out of such box, without seeing the ballots contained 
therein, so many of such ballots as shall be equal to the excess, 
which shall be forthwith destroyed. 1 R. S. N. Y. 440, § 45. 

Oral announcement of result . At the comple¬ 
tion of the canvass of each box, the chairman of the Board 
shall make public oral proclamation of the whole number of 
votes in such box, and of the whole number given for each 
person, with the name of the office to which such person was 
named on the ballots. 1 R. S. H. Y., 440, § 38. 

Statement of Results to be made . The can¬ 
vass shall be completed by ascertaining how many ballots 
of the same kind, corresponding in respect to the names of 
persons thereon and the offices for which they are designated, 
have been received ; and the result being found, the inspector 
shall securely attach to a statement of such canvass one ballot 
of each kind found to have been given for the officers to be 
chosen at such election, any or either of them, except those 
given for electors of president or vice-president; and they 
shall state in words at full length, immediately opposite such 
ballot, and written partly on such ballot and partly on the 


27 


paper to which it shall be attached, the whole number of 
all the ballots that were received which correspond with the 
one so attached, so that one of each kind of the ballots received 
at such election for the officers then to be chosen shall be 
attached to such paper, with a statement of such canvass. 
They shall also attach to such paper, the original ballots re¬ 
jected by them as being defective, which were given at such 
election. 1 R. S. N. Y., 440, § 46. 

Canvass and statement for presidential elec¬ 
tors , When electors of president and vice-president shall be 
chosen at any election, the inspectors shall make a separate 
canvass and statement of votes given for electors, in the man¬ 
ner prescribed in the last preceding section by ascertaining 
how many ballots of the same kind, corresponding in respect 
to the names thereon, have been received ; and the result 
being found, the inspectors shall securely attach to paper one 
original ballot of each kind found to have been given for 
electors, and shall state, in words at full length opposite such 
ballot, and written partly thereon and partly on the paper to 
which it shall be attached, the whole number of ballots for 
electors, that were found to have been received, corresponding 
with the one so attached. They shall also attach to such paper 
all original ballots for electors rejected by them as being de¬ 
fective. Id., § 47. 

Form of statement . The statements to be made 
by the inspectors shall contain a caption stating the day on 
which, and the number of the district, the town or ward, and 
the county at which, the election was held, in relation to which 
such statement shall be made ; it shall also contain a state¬ 
ment showing the whole number of ballots taken for each 
person, designating the office for which they are given, which 
statement shall be written in words at length ; and at the end 
thereof a certificate that such statement is correct in all re¬ 
spects; which certificate shall be subscribed by the inspectors. 
Id., § 48. 

Ballots in each and every box to be canvassed 
by supervisors . Section 2018, Title, 26, United States 
Laws, directs that, the said supervisors of election are, and 
each of them is, hereby required, in their or his respective 


28 


election districts or voting precincts, to personally scrutinize, 
count and canvass each and every ballot in their or his 
election district or voting precinct cast, whatever may be the 
indorsement on said ballot, or in whatever box it may have 
been placed or be found. 

And section 2019 of the same act authorizes and directs 
4( each of the supervisors, at the closing of the polls, to place 
themselves or himself in such position in relation to the ballot- 
boxes for the purpose of engaging in the work of canvassing 
theballots in said boxes contained, as will enable them or him 
to fully perform the duties in respect to such canvass provided 
in this act, and shall there remain until every duty in respect 
to such canvass, certificates, returns and statements shall have 
been wholly completed, any law of any State or Territory to 
the contrary notwithstanding.” 

Supervisors to attest the truth of the state¬ 
ment made by the Inspectors . § 2018, K. S. U. S., 

directs supervisors of election to attach to the registry list, 
and any and all copies thereof, and to any certificate, state¬ 
ment, or return, whether the same, or any part or portion 
thereof, be required by any law of the United States, or of 
any State, territorial, or municipal law, any statement touch¬ 
ing the truth or accuracy of the registry, or the truth or fair¬ 
ness of the election and canvass, which the supervisors of the 
-election, or either of them, may desire to make or attach, or 
which should properly and honestly be made or attached, in 
order that the facts may become known. 2018, R. S. U. S. 

Copy of statement to be made and died . A 

true copy of the several statements made by the inspectors shall 
be made and certified by them, and immediately filed by them 
in the office of the clerk of the town or city. 1 R. S. N. Y., 
441, § 49. 

Poll list to be died . The poll list kept at such elec¬ 
tion shall be filed by the inspectors, or one of them, in the 
office of the clerk of the town or city in which such election 
was held, and shall be there preserved. Id., § 50. 

Ballots to be destroyed. The remaining ballots not 
so pasted or attached shall be destroyed, and the board of 
inspectors shall be dissolved. Id. § 51. 


29 


ORIGINAL STATEMENT. 


Inspectors of election to deliver to supervisor. 

The original statements, duly certified, shall be delivered by 
the inspectors, or by one of them to be deputed for that pur¬ 
pose, to the supervisor of the town or ward, within twenty- 
four hours after the same shall have been subscribed. If there 
be no supervisor, or he shall be disabled from attending the 
board of county canvassers, such original statements shall be 
delivered to one of the assessors of the town or ward in which 
such election was held. Id.. § 52. 

Majority of inspectors may act . It shall be 
lawful for a majority of the inspectors of any election, to 
execute all the trusts and duties required to be executed by 
the inspectors of any such election. 1 R. S. N. Y. 453, §2. 

If a majority shall not be present on any day on which an 
election is held, the inspectors or inspector attending shall 
appoint so many electors of the town, ward or district, to act 
as inspectors, as may be necessary to form a board. Id. 

The persons so appointed shall take the constitutional oath, 
and continue to act until a majority of the inspectors shall 
attend. Id. § 3. 

Special Deputy Marshals . The appointment of 
special deputy marshals is provided for in section 2021 R. S. 
U. S., and it is their duty to aid and assist the supervisors in 
the performance of their duties. 

Persons arrested to be taken forthwith be¬ 
fore commissioner . Section 2023 R. S. U. S. provides 
that whenever any arrest is made under any provision of this 
act, the person so arrested shall forthwith be brought before a 
commissioner, judge, or court of the United States for exam¬ 
ination of the offences alleged against him, and such commis¬ 
sioner, judge, or court shall proceed in respect thereto as 
authorized by law in case of crimes against the United States. 


30 


Supervisors to make report to chief supervisor* 

When in any election district or voting precinct in any city or 
town, for which there have been appointed supervisors of 
election for any election at which a Representative or Dele¬ 
gate in Congress is voted for, the supervisors of election are 
not allowed to exercise and discharge, fully and freely, and 
without bribery, solicitation, interference, hindrance, molesta¬ 
tion violence or threats thereof, on the part of any person, all 
the duties, obligations and powers conferred upon them by 
law, the supervisors of election shall make prompt report, un¬ 
der oath, within ten days after the day of election, to the 
chief supervisor of elections. § 2020 R. S. U. S. 

Constitutional Amendments . Chapter 345, of the 
laws of New York, passed May 15th, 1876, provides for sub¬ 
mitting proposed amendments to the Constitution, namely: 

§ 3, Article 5, relative to the appointment of a Superinten¬ 
dent of public works, and the abolition of the office of Canal 
Commissioner. 

§ 4, Article 5, relative to the appointment of a Superinten¬ 
dent of State Prisons, and the abolition of the office of Inspec¬ 
tors of State Prisons. 

A separate box must be provided to receive the ballots, to be 
marked ‘‘ Constitutional Amendments.” 

Order of canvass is given at page 25. 

The manner of canvass and certification is pointed out in 
the law above cited, viz: Chapter 345, laws of New York, 
passed May 15, 1876. 

CHARLES M. DENNISON 

Chief Supervisor of Elections, 
Northern District of New York. 

Filed, Entered and Indexed, October 2, 1876. 


REGISTRY LAW 


APPLICABLE TO THE SEVERAL CITIES OF THE STATE (EXCEPT 
“NEW YORK CITY AND BROOKLYN), ALSO TO INCORPO¬ 
RATED VILLAGES CONTAINING OVER TEN 
THOUSAND INHABITANTS. 


LAWS OF NEW YORK—By Authority. 

[Every law, unless a different time shall be prescribed therein, shall 
commence and take effect throughout the State, on and not before the 
twentieth day after the day of its final passage, as certified by the Secretary 
of State. Sec. 12, title 4, chap. 7, part 1, Revised Statutes.] 

CHAP. 570. 

AN ACT to ascertain, b}^ proper proofs, the citizens who 
shall be entitled to the right of suffrage in the State of New 
York, except in the city and county of New York and the 
city of Brooklyn, and to repeal chapter five hundred and 
seventy two of the laws of eighteen hundred and seventy- 
one, entitled “An act to amend an act entitled ‘An act in 
relation to elections in the city and county of New York.’ ” 

Passed May 7, 1872 ; three-fifths being present, without the approval of 
the Goverror, as amended by chap. 834, Laws of 1873 ; Passed June 28, 

1873. 

Ihe people of the State of New York, represented in Senate and Assembly, 
do enact as follows : 

Section 1 . The several inspectors who now are or who may 
be hereafter elected or appointed inspectors of election, for the 
several election districts in the towns and cities of this State, 
except in the city and county of New York and the city of 
Brooklyn, for the year eighteen hundred and seventy-two, are 
hereby declared to be a board of registry of elections under 
this act; and for the purposes herein named, the said inspec¬ 
tors, and their successors in office, shall meet annually, on 
Tuesday, three weeks previous to the general election, at nine Meetings, 
o’clock, a. m., at the place designated for holding the poll of 
said election, and organize themselves as a board for the pur¬ 
pose of registering the names of the legal voters of such district, 



32 


REGISTRY LAW. 


Sol a of Za * ar, d sit until nine o’clock p. m. of each day ; and for this- 
boards, purpose they shall appoint one of their number chairman of 
the board, who shall administer to the other inspectors the 
oath of office, as by the Constitution, and the same oath shall 
then be administered to the chairman by one of the other in- 
Sectorfto spectors. The said board shall then proceed to make a list of 
be made. a p p ersons qualified and entitled to vote at the ensuing elec¬ 
tion, in the election districts of which they are inspectors. 
Said list, when completed, shall constitute and be known a& 
fir8tmeet-° f the register of electors of said district. The said inspectors, at 
ing * their first meeting on Tuesday, three weeks preceding the 
general election, shall have power, if necessary, to sit two days 
for the purpose of making said list, provided that, at the annual 
election next prior to said meeting, the number of votes in 
the district of which they are inspectors exceeded four hundred. 
Register, § 2. Said registers shall each contain a list of persons so 
contain, qualified and entitled to vote in said election district, alpha¬ 
betically arranged according to their respective surnames, so 
as to show in one column the name at full length, and in 
another column in cities and incorporated villages, the resi¬ 
dences by the number of the dwelling if there be a number,, 
or if the person be an occupant of a tenement house occupied 
by several persons, or a lodging place, then they shall also 
enter the number of the room, if any, and the floor or story of 
said tenement or lodging house occupied by said person, and 
the name of the street on which said dwelling-house, tenement 
preceding or lodging-place is located. It shall be the duty of said in- 
efection to specters to enter in said list the names of all persons residing 
be copied. j n ^eir e i ec ti 0 n districts whose names appear on the poll list 
kept in said district at the last preceding general election, and 
for this purpose said inspectors are authorized to take from tho 
office in which they are filed, the poll list made and filed by 
the inspectors of such district at the general election held next 
Registry in prior to the making of such register. In case a new election 
tiondis- district shall be formed, the said inspectors shall enter in the 
list the names of such persons entitled to vote in the new elec¬ 
tion district, whose names appear upon the poll list of the last 
general election, kept in the district or districts from which 
said new election district is formed. The said inspectors shall 
complete, as far as practicable, the said register on the day or 


REGISTRY LAW. 


33 


days of their meeting aforesaid, and shall make four copies 
thereof, and certify the register, and each of the copies to be a certi * 
true list of the voters in their district, so far as the same are 
known to them, within two days thereafter. The said original 
list, with the list taken from the office as aforesaid, shall be 
filed in the office of the town clerk of the town or city clerk 
of the city in which said election district may be, and one copy 
of said list shall be kept by each of said inspectors, and be 
carefully preserved by him for their use on the day or days 
hereafter mentioned for revision and correction of the same. 

One copy of said list shall, immediately after its completion, copy^b© 
be posted in some conspicuous place in the room in which such p o11s * 
meeting shall be held, and be accessible to any elector who 
may desire to examine the same, or make copies thereof. 

§ 3. The said boards of inspectors shall meet on the Friday ^ e e c e ° t °n g 
of the week preceding the day of the general election, at the fo” evi810n » 
places designated for holding the polls of election, for the pur¬ 
pose of revising and correcting said lists ; and for this purpose, 
in cities, they shall meet at eight o’clock in the morning, and 
remain in session until nine o’clock p. m. of that day and the meeting? ° f 
day following, and in other districts they shall meet at nine 
o’clock in the morning, and remain in session until nine of that 
day. And they shall then revise, correct, add to and subtract aS r addi°- n \ 
from, and complete the said lists, and shall on that day add to 110081011511, 
the said list the name of any person who would, on the first 
Tuesday succeeding the first Monday of November, be entitled, 
under the provisions of the Constitution and laws of this State, 
to exercise the right of suffrage in their respective election dis¬ 
tricts. But in making such addition on that day, or on any 
prior day, they shall not place on the said list the name of any 
person, except in strict compliance with the provisions of section 
two and section four hereof, and the other provisions of this act. 

§4. The proceedings of said board of inspection shall 
open, and all persons residing and entitled to vote in said dis¬ 
trict shall be entitled to be heard by said inspectors, in relation 
to corrections or additions to said register. One of the lists so List made 
kept by said inspectors as aforesaid, shall be used by them on “ e e ®a“ t f to 
the day or days for making corrections or additions for the pur¬ 
pose of completing the registers for such district. No addition Additionsto 
shall be made to the said register of the name of any person, aplncauon. 
c 


34 


REGISTRY LAW. 


nor shall the name of any person be placed thereon, except one 
who shall have appeared in person before said board ; and any 
person not born in the United States, on applying to have his 
Proof by name placed on the registry, shall prove that he is a citizen of 
citizens, the United States, by producing a certificate of naturalization 
from a court of competent jurisdiction ; nor shall any other proof 
of his being a citizen be received, unless he shall first show to 
the satisfaction of the board of registry, that such certificate has 
been issued to him and that he is unable to produce such certifi¬ 
cate, by reason of loss or destruction thereof, 
mmes of § 5. It shall be the duty of said inspectors at their meetings 
dents, 6 etc., for revising and correcting said lists, to erase therefrom the 
tobeeiased. name ari y person inserted therein who shall be proved, to 
the satisfaction of said inspectors, to be a non-resident of said 
district, or otherwise not entitled to vote in said district, at the 
Application election then next to be held. Any elector residing in said 
district, and entitled to vote therein, may appear before said 
board of inspectors and require his name to be recorded on 
said alphabetical list, and upon complying with the require- 
statement merits of this act, the same shall be recorded. Any person so 
requiring his name to be entered on said list shall make the 
same statement as to street or number thereof, and where he 
resides, required by the provisions of this act, of persons offer¬ 
ing their votes at the election, and shall be subject to the same 
pains and penalties for refusing to give such information, or 
for falsely giving the same, and shall also be subject to chal¬ 
lenge, either by the inspectors, or either of them, or by any 
elector whose name appears upon said alphabetical list, and 
the same oath may be administered by the inspectors, as may 
by law be administered to persons offering to vote at an elec¬ 
tion. At such meeting for revision and correction, it shall be 
administer- 6 the right of any elector of the district to examine said registry, 
enge U ' chal * and if, upon oath, he shall declare that he has reason to believe 
that any person on said list is not a qualified elector, the said 
inspectors shall place the words to be challenged,” opposite 
the name of such person, to whom, while offering his vote, the 
general oath as to qualifications shall be administered, and if 
he shall refuse to take such oath, he shall not be permitted to 
vote. 


REGISTRY LAW. 


35 


§ 6. After said list shall have been fully completed, the said completed 
inspectors shall cause four copies of the same to be made, each kowlKpos- 
of which shall be certified by them to be a correct list of the ed of * 
voters of their district, one of which shall be filed in the office 
of the town clerk of towns, and in cities, in the office of the 
city clerk, and one of which copies shall be retained by each 
of the said inspectors. It shall be the duty of the said inspec- Names of 
tors carefully to preserve the said list for their use on election checked on 
day, and to designate one of their number or one of the clerks, electl0n day 
at the opening* of the polls, to check the name of every voter 
voting in such district whose name is on the register; and no 
vote shall be received at any annual election in this State 
unless the name of the person offering to vote be on the said 
registry, made and completed as hereinbefore provided, pre- ^ns not to 
ceding the election; and any person whose name is on the 
registry may be challenged, and the same oaths shall be put 
as are now prescribed by law. This section shall be taken challenges 
and held by every judicial or other tribunal as mandatory and 
not directory. And any vote which shall be received by the 
said inspectors of election in contravention of this section shall 
be void, and shall be rejected from the count in any legislative 
or judicial scrutiny into any result of the election. 

§ 7. The clerks at each poll, in addition to the duties nowcierks to 
prescribed by law, shall enter on the poll lists kept by them, ment “ on 
in columns prepared for that purpose, opposite the name of each P ° U hsts * 
person voting, the same statement or minute herein before re¬ 
quired of inspectors in making the registry, but such entry is 
not to be made by them if the registry contains correctly the 
name and residence of such voter. Every elector at the time 
of offering his vote shall, if required, truly state the street in Xate rs resf- 
which he resides, and if the house, lodging or tenement in which ence ’ e c ‘ 
he resides is numbered, the number thereof, and if a tenement 
or lodging-house, the number of the room, if any, and the floor 
or story of such tenement or lodging house; and the clerks of 
the poll shall truly enter in the appropriate column of the poll 
list, opposite the name of the elector, the street in which the 
elector resides and the number, in case the house, tenement or 
lodging-house is numbered, and if a tenement or lodging-house, 
the number of the room if any, and the floor or story of such 
tenement or lodging-house; and if such house, tenement, 


36 


REGISTRY LAW. 


Right of 
Challenge. 


Poll list 
and regis¬ 
ter, how 
filed. 


lodging or room is not numbered, then the clerk shall enter 
“ not numbered ” in the column of the poll list set apart for 
that purpose; and in case of refusal to make the statement as 
Penalty aforesaid, the vote of such elector shall not be received. Any 
false state- person who shall willfully make any false statement in relation 
thereto shall be deemed guilty of a misdemeanor and shall, upon 
conviction,be punished with a fine of fifty dollars or by imprison¬ 
ment in the county jail of the county, or the city prison of the 
city, where such voter offers to vote, for a period of thirty days, 
or by both such fine and imprisonment. 

§ 8. Any person who is a qualified voter in any city shall 
have the right in any and all election districts in such city to 
challenge and contest the right of any person to be placed on 
any register, or to vote at any poll within said city, with the 
same effect as though the party making the challenge was a 
qualified voter in the district where he makes the challenge. 

§ 9. After the canvass of the votes, the said poll list and said 
register so kept and checked as aforesaid, shall be attached to¬ 
gether, and shall, on the following day, be tiled in the town 
clerk’s office of the town in which said district shall be, and in 
case the district is in a city, in the city clerk’s office of said city, 
to be used by the inspectors in making the list of voters at the 
next general election. 

§ 10. The said board may, if necessary, on the day or days 
of making such list, and the^correction of the same, appoint a 
clerk to assist them in the discharge of the duties required by 
this act; and the same oath shall be taken by such clerk as is re¬ 
quired by law of clerks of the polls and of elections. 

§ 11. The registers shall at all time be open to public in¬ 
spection at the office of the authorities, in which they shall be 
deposited without charge. 

§ 12. The members of the| board of registration and their 
clerks shall each receive the same compensation as is now al¬ 
lowed by law for inspectors of election for each day actually 
employed in the making and completion of the registry, to be 
paid to them at the time andj-in the manner in which they are 
S?Sentai nd P aid their otlier fees * Tlie necessary blanks and instructions, 
and other incidental expenses incurred in executing the pro¬ 
visions of this act, shall befprovided and paid for in the man¬ 
ner now provided! for thejpayment of incidental expenses of 
election of the like character. 


Clerk of 
registry. 


Registers 
to oe open 
to inspec¬ 
tion. 


Compensa¬ 
tion of 
registrars 
and clerks. 


expenses. 


REGISTRY LAW. 


37 


§ 13. The said board shall have and exercise the same pow- o£der r It ns 
ers in preserving order at their meetings under this act as are re § istr y- 
given to inspectors of election for preserving order on election 
days. 

§ 14 Any person who shall cause his name to be registered Sy S or r v?t- 
in more than one election district, or who shall cause his name punished, 
to be registered knowing that he is not a qualified voter in the 
ward or district where said registry is made, or who shall false¬ 
ly personate any registered voter, and any person causing any 
such act, or aiding, abetting, inducing or procuring any per¬ 
son to be fraudulently registered as a voter, in any election 
district in which such person is not at the time a legally qual¬ 
ified voter, or who shall cause or procure or be in any manner 
instrumental in procuring any person to vote or to offer to 
vote in any election district in which such person is not at the 
time a legally qualified voter therein, or who shall advise or 
in any manner incite any person to vote or offer to vote at 
any such election in an assumed or fictitious name, shall be 
adjudged guilty of a felony, and shall, upon conviction there¬ 
of, be imprisoned in the State prison for a term of not less 
than one nor more than three years. Any person who shall f*e a e rin „ 
swear falsely before said board of registration, shall be deemed punched 
guilty of wilful and corrupt perjury, and on conviction, pun¬ 
ished as such. If any member or officer of said board shall, Violationof 
knowingly, permit any person to register his name as a voter, Rectors x Sr 
or wilfully violate any of the provisions of this act, or be punf 8 hed° w 
guilty of any fraud in the execution of the duties of his office, 
he shall be punished, upon conviction thereof, for each and 
every offence, by imprisonment in the State prison for a term 
of not less than two nor more than five years. 

§ 15. The same list required to be made and perfected at Registryfor 
general elections shall, in the same manner, be made and per- elections, 
perfected by the inspectors at all elections for charter officers 
in the several cities of this State, and at such elections for 
charter officers the said board shall hold the first meeting pro¬ 
vided for in this act, three weeks prior to such charter election. 

§ 16. In cities and incorporated villages no building or part More°not 
of a building shall be designated as a registry or polling place p° 0l b 1 ? n s g 0ldat 
in which, or in any part of which, spirituous or intoxicating places - 
liquors are sold. 


38 


REGISTRY LAW. 


Distribu¬ 
tion of act 


Repeal. 


Act, how 
applicable. 


§ 17. The Secretary of State shall cause this law to be 
printed, and a sufficient number of copies thereof to be sent 
to the county clerks of the several counties to supply each of 
the officers named in this act with a copy ; and it shall be the 
duty of said county clerks, immediately, to transmit a copy of 
the same to each of the inspectors of election in each city and 
town of such county. 

§ 18. Chapter five hundred and seventy-two of the laws of 
this State, passed April nineteen, eighteen hundred and seven¬ 
ty-one, entitled “ An act to amend an act, entitled ‘ An act in 
relation to elections in the city and county of New York/ ” 
passed April five, eighteen hundred and seventy, be and the 
same is hereby repealed. 

§ 19. This act shall apply in all the incorporated cities in 
this State, except New York and Brooklyn, and in all incor¬ 
porated villages containing over ten thousand inhabitants as 
determined by the last census. (As amended by chapter 824, 
Laws of 1873.) 

§ 20. This act shall take effect immediately. 


STATE OF NEW YORK, 
Office of the Secretary of State, 


I liave compared the preceding with the original act chapter five hun¬ 
dred and seventy, Laws of eighteen hundred and seventy-two, as amended 
by act chapter eight hundred and twenty-four, Laws of eighteen hundred 
and seventy three, on file in this office, and do hereby certify that the same 
is a correct transcript therefrom and of the whole of said act as amended. 


DIEDRICH WILLERS, Jr., 

Secretary of State. 


REVISED STATUTES 


OP THE 

UNITED STATES. 


TITLE XXY. 


CITIZENSHIP. 


Sec. 1996. All persons who deserted the military or naval 
service of the United States and did not return thereto or report 
themselves to a provost-marshal within sixty days after the 
issuance of the proclamation by the President, dated the 11th 
day of March, 1865, are deemed to have voluntarily relinquished 
and forfeited their rights of citizenship, as well as their right 
to become citizens; and such deserters shall be forever inca¬ 
pable of holding any olfice of trust or profit under the United 
States, or of exercising any right of citizens thereof. 


Deserters 
who failed 
to report 
within 60 
days after 
March 11, 
1865,forever 
incapable of 
holding 
office under 
the United 
States, or 
exercising 
any rights 
of citizen¬ 
ship. 


Sec. 1997. No soldier or sailor, however, who faithfully Faithful 

7 # 7 ♦' service as 

served according to his enlistment until the 19th day of April, ^iSruntii 
1865, and who, without proper authority or leave first ob- 
tained, quit his command or refused to serve after that date, wo e rk e a Ke¬ 
shan be held to be a deserter from the Army or Navy; but §iSaSmty ny 
this section shall be construed solely as a removal of any jS r r r p d re . 
disability such soldier or sailor may have incurred, under the£f 0 d n mg sec ‘ 
preceding section, by the loss of citizenship and of the right 
to hold office in consequence of his desertion. 


Sec. 1998. Every person who hereafter deserts the military Desertion 

* hcrcRftcr to 

or naval service of the United States, or who, being duly work loss of 
enrolled, departs the jurisdiction of the district in which he cltlzenship * 
is enrolled, or goes beyond the limits of the United States, 
with intent to avoid any draft into the military or naval 
service, lawfully ordered, shall be liable to all the penalties and 
forfeitures of section nineteen hundred and ninety-six. 



40 


TITLE XXVI. 

THE ELECTIVE FRANCHISE. 


National Sec. 2002. No military or naval officer, or other person 

officers not . * . . 

to use engaged m the civil, military, or naval service ot the United 

troops At _ # t 

state eiec- States, shall order, bring, keep, or have under lus authority 
arraedene- or contr °h an y troops or armed men at the place where any 
keepthe 10 general or special election is held in any State, unless it be 
peace. necessary to repel the armed enemies of the United States, or 
to keep the peace at the polls. 

Military or Sec. 2003. No officer of the army or navy of the United 
officers States shall prescribe or fix, or attempt to prescribe or fix, by 
scribequaii- proclamation, order, or otherwise, the qualifications of voters 

fications of; ~ . . /. .tipi r 

vot rs. m any State, or m any manner interfere with the freedom ot 
any election in any State, or with the exercise of the free 
right of suffrage in any State. 

Race, color Sec. 2004. All citizens of the United States who areother- 

or previous 

condition of wise qualified by law to vote at any election by the people in 
therighf e to an y State, Territory, district, county, city, parish, township, 
election 1117 sc h°°l district, municipality, or other territorial sub-division, 
shall be entitled and allowed to vote at all such elections, 
without distinction of race, color, or previous condition of 
servitude; any constitution, law, custom, usage, or regulation 
of any State or territory, or by or under its authority, to the 
contrary notwithstanding. 


if the per- Sec. 2005. When, under the authority of the constitution 
an r yprere 0f or 1 RWS of any State, or the laws of any Territory, any act is 
afi S right of required to be done as a pre-requisite or qualification for vot- 
quirel , 18 re 'i n gj and by such constitution or laws persons or officers are 
pfinity to barged with the duty of furnishing to citizens an opportunity 
IfgivSAo to perform such pre-requisite, or to become qualified to vote, 
every such person and officer shall give to all citizens of the 
United States the same and equal opportunity to perform 
such pre-requisite, and to become qualified to vote. 


Removal of’ Sec. 2006. Every person or officer charged with the duty 
refusing*or specified in the preceding section, who refuses or knowingly 
omE| ly to omits to give full effect to that section, shall forfeit the sum 
8ct e to U the e of five hundred dollars to the party aggrieved by such refusal 

preceding . . , , , 1 J / 

section. or omission, to be recovered by an action on the case, with 


41 


costs, and such allowance for counsel fees as the court may 
deem just. 


Sec. 2007. Whenever under the authority of the constitu¬ 
tion or laws of any State, or the laws of any Territory, any 
act is required to be done by a citizen as a pre-requisite to 
qualify or entitle him to vote, the offer of such citizen to per¬ 
form the act required to be done shall, if it fail to be carried 
into execution by reason of the wrongful act or omission of 
the person or officer charged with the duty of receiving or 
permitting such performance or offer to perform, or acting 
thereon, be deemed and held as a performance in law of such 
act; and the person so offering and failing to vote, and being 
otherwise qualified, shall be entitled to vote in the same man 
ner and to the same extent as if he had in fact performed such 
act. 


The offer to 
perform any 
act £re-re- 
quisite to 
voting, if it 
fail, &c., to 
be deemed a 
perfor¬ 
mance in 
law of such 
act, and to 
entitle to 
vote. 


Sec. 2008. Every judge, inspector, or other officer of Remedy 
election whose duty it is to receive, count, certify, register, fi!er n for° f * 
report, or give effect to the vote of such citizen upon the pre- Kuo re- 
sentation by him of his affidavit, stating such offer and the the vote of 

• /.ii /• i such person 

time and place thereof, and the name of the officer or person upon pre- 

, ' ill „ , sentation of 

whose dutv it is to act thereon, and that fie was wrongfully proper af- 

J ’ , V fidavit, &c. 

prevented by such person or officer from performing such act, 
shall forfeit the sum of five hundred dollars to the party 
aggrieved by such refusal or omission, to be recovered by an 
action on the case, with costs, and such allowance for counsel 
fees as the court may deem just. 

Sec. 2009. Every officer or other person, having powers JSsIfany 
or duties of an official character to discharge under any of thejgg™^ 0 
provisions of this Title, who by threats, or any unlawful Jj®tracts^ 
means, hinders, delays, prevents, or obstructs or combines and g?™ 
confederates with others to hinder, delay, prevent, or obstructofiJmvot- 
any citizen from doing any act required to be done to qualify lng - 
him to vote, or from voting at any election in any State, Ter¬ 
ritory, district, county, city, parish, township, school district, 
municipality, or other territorial sub-division, shall forfeit the 
sum of five hundred dollars to the person aggrieved thereby, 
to be recovered by an action on the case, with costs, and such 
allowance for counsel fees as the court may deem just. 


42 


tamperscms Sec* 2010. Whenever any person is defeated or deprived 
of oScTby of his election to any office, except elector of President or 
vot^of any Vice-President, representative or delegate in congress, or 
account of members of a State legislature, by reason of the denial to any 
color, aCe to citizen who may offer to vote, of the right to vote, on account 
f™ posies- of race, color, or previous condition of servitude, his right to 
office " in hold and enjoy such office, and the emoluments thereof, shall 
tescourts, not be impaired by such denial; and the person so defeated or 
deprived may bring any appropriate suit or proceeding to 
recover possession of such office, and in cases where it appears 
that the sole question touching the title to such office arises out 
of the denial of the right to vote, on account of race, color, or 
previous condition of servitude, such suit or proceeding may 
be instituted in the circuit or district court of the United 
States of the circuit or district in which such person presides. 
And the circuit or district court shall have, concurrently with 
of ^national ^ ie State courts, jurisdiction thereof, so far as to determine 
suchcaees. n the rights of the parties to such office by reason of the denial 
of the right guaranteed by the fifteenth article of amendment 
to the Constitution of the United States, and secured herein, 
in cities or Sec. 2011. Whenever, in any city or town having upward 
over 20.000 ot twenty thousand inhabitants, there are two citizens thereof, 

inhabitants '' m 7 

ten°appHca’ or w ^ enever > an y county or parish, in any congressional 
citizens and district, there are ten citizens thereof of good standing, who, 
ty or ^parish P r ^ 0 r 1° an y registration of voters for an election for Pepre- 
snniiar ap! sentat ^ ve or delegate in the Congress of the United States, or 
fen C ffitfiensfP r ^ or to an .y election at which a representative or delegate in 
judge C to C qp- Congress is to be voted for, may make known, in writing to 
cuitcourt! r ’judge °f the circuit court of the United States, for the 
circuit wherein such city or town, county or parish is situated, 
their desire to have such registration, or such election, or both, 
guarded and scrutinized, the judge, within not less than ten 
days prior to the registration, if one there be, or if no registra¬ 
tion be required, within not less than ten days prior to the 
election, shall open the circuit court at the most convenient 
point in the circuit. 

Proceedings Sec. 2012. The court, when so opened by the judge, shall 
of?u m ervi P rocee d to a PP<h nt and commission from day to day and from 
ucn° f elec ' time t0 time > and under the hand of the judge, and under the 
seal of the court, for each election district or voting precinct 


43 


Qnalifica- 


in such city or town, or for such election district or voting 
precinct in the congressional district as may have applied in 
the manner hereinbefore prescribed, and to revoke, change, or 
renew such appointment from time to time, two citizens, resi¬ 
dents of the city or town, or of the election district or voting 
precinct in the county or parish, who shall be of different 
political parties, and able to read and write the English lang- tions of su- 

' or! p erv i sors> 

uage, and who shall be known and designated as supervisors 
of election. 

Sec. 2013. The Circuit Court, when opened by the judge 
as required in the two preceding sections, shall therefrom and &c - 
thereafter, and up to and including the day following the day 
of election, be always open for the transaction of business 
under this Title, and the powers and jurisdiction hereby 
granted and conferred shall be exercised as well in vacation as 
in term time ; and a judge sitting at chambers shall have the^J| r inv a - 
same powers and jurisdiction, including the power of keeping chambers.^ 
order and of punishing any contempt of his authority, as when 
sitting in court. 

Sec. 2014. Whenever, from any cause, the judge of the nistrictjud- 

. . . O O g eS ma y l )e 

circuit court, in any judicial circuit is unable to perform and assigned to 
discharge the duties herein imposed, he is required to select ?f dge circuit 
and assign to the performance thereof, in his place, such one 
of the judges of the district courts within his circuit as he may 
deem best; and upon such selection and assignment being 
made, the district judge so designated, shall perform and dis¬ 
charge, in the place of the circuit judge, all the duties, 
powers and obligations imposed and conferred upon the 
circuit judge by the provisions hereof. 

Sec. 2015. The preceding section shall be construed to au-§J w JJ^^ 
thorize each of the judges of the circuit courts of the United Sraedf con * 
States to designate one or more of the judges of the district 
courts within his circuit to discharge the duties arising under 
this Title. 

Sec. 2016. The supervisors of election, so appointed, are Dates^su- 
authorized and required to attend at all times and places fixed election, 
for the registration of voters, who, being registered, would be 
entitled to vote for a Representative or Delegate in Congress, 
and to challenge any person offering to register: to attend atToattendat 

. , , , & ! places of 

all times and places when the names ot registered voters may registry. 


44 


to a chaiienge marked for challenge, and to cause such names registered 
registered as they may deem proper to be so marked ; to make, when re- 
chSfenge 1 - quired, the lists, or either of them, provided for in section two 
T k thousand and twenty-six, and verify the same ; and upon any 
lists of per-occasion, and at anv time when in attendance upon the duty 

eons who re- * / . , 

register and herein prescribed, to personally inspect and scrutinize such 

verify same; 1 7 x . ' . . . 

To inspect re g' s ^ r 7j an d f° r purposes of identification to affix their signa- 
?ze d the Ut re’^ ure to ea °h P a g e °f the original list, and of each copy of any 
Sari? ft* snc h kst °f registered voters, at such times, upon each day 
t?onthereg- w ^ en any name may be received, entered, or registered, and 
istry boofcs, in guc h manner as will, in their judgement, detect and expose 
the improper or wrongful removal therefrom, or addition there¬ 
to, of any name. 

to attend°at Sec. 2017. The supervisors of election are authorized and re’ 
places”- qu’red to attend at all times and places for holding elections of 
Representatives or Delegates in Congress, and for counting the 
ienge h voters votes ca3t at such elections ; to challenge any vote offered by 
remain and an J P er son, whose legal qualification the supervisors, or either 
baiiot boxes of them, may doubt; to be and remain where the ballot-boxes are 
the^canross kept at all times after the polls are open until every vote cast 
are mate™ 8 at such time and place has been counted, the canvass of all 
votes polled wholly completed, and the proper and requisite 
certificates or returns made, whether the certificates or returns 
be required under any law of the United States, or any State, 
territorial or municipal law, and to personally inspect and 
To scruti- scrutinize, from time to time, and at all times, on the day of 
manner in election, the manner in which the voting is done, and the way 

which the 7 3 7 J 

done S and an( ^ met hod in which the poll-books, registry lists, and tallies or 
poll booS d check-books, whether the same are required by any law of the 
are kept. United States, or any State, territorial or municipal law, are 
kept. 

fo personal- S EC - 2018. To the end that each candidate for the office of 
mzeand' Representative or Delegate in Congress may obtain the benefit 
and n eveiy h of every vote for him cast, the supervisors of election are, and 
each and each of them is, required to personally scrutinize, count and 
e\ery box, canvagg eac h ballot in the election district or voting precinct 
To forward cast, whatever may be the endorsement on the ballot, or in 
ervisor such whatever box it may have been placed or be found; to make 

C6rtidc&t6S * 

and returns and forward to the officer who. in accordance with the pro¬ 
as he may . . ' 1 

require; visions ot section two thousand and twenty-five, has been de- 


45 


signated as the chief supervisor ot the judicial district in which 
the city or town wherein they may serve, [acts,] such certifi¬ 
cates and returns of all such ballots as such officer may direct 
and require, and to attach to the registry-list, and any and all To attach 
copies thereof, and to any certificate, statement, or return, statement 
whether the same, or any part or portion thereof, be required tmcate !* 1 
by any law of the United States, or of any State, territorial, or or return, 
municipal law, any statement touching the truth or accuracy 
of the registry, or the truth or fairness of the election and can¬ 
vass, which the supervisors of the election, or either of them, 
may desire to make or attach, or which should properly and 
honestly be made or attached, in order that the facts may be¬ 
come known. 

Sec. 2019. The better to enable the supervisors of election ^ remain” 
to discharge their duties, they are authorized and directed, in jJ e o r r b b e e ; 
their respective election districts or voting precincts, on the as 
day of registration, on the day when registered voters may be deemTest 
marked to be challenged, and on the day of election, to take, pJsjTof 
occupy, and remain in such position,from time to time, whether regStryanl 
before or behind the ballot-boxes, as will, in their judgment, canvass ' 
best enable them to see each person offering himself for registra¬ 
tion or offering to vote, and as will best conduce to their scru¬ 
tinizing the manner in which the registration or voting is being 
conducted; and at the closing of the polls for the reception of posing 
votes, they are required to place themselves in such position, SceYswUi 
in relation to the ballot-boxes, for the purpose of engaging in thlmtodis 6 - 
the work of canvassing the ballots,as will enable them to fully §^tfe^ 
perform the duties in respect to such canvass provided herein, cinva C s ?. t0 
and shall there remain until every duty in respect to such can¬ 
vass, certificates, returns and statements has been wholly com¬ 
pleted. 

Sec. 2020. When in any election district or voting precinct f r u e p to Vi r e° rs 
in any city or town, for which there have been appointed sup-P°;^J der 
ervisors of election for any election at which a Representative e?visor Up " 
or Delegate in Congress is voted for, the supervisors of election Jay^after 11 
are not allowed to exercise and discharge, fully and freely, and alfySery, 
without bribery, solicitation, interference, hinderance, molesta- JJtSfSence 
tion, violence or threats thereof, on the part of any person, all °n ™e le ?a?t 
the duties, obligations and powers conferred upon them by towards 
law, the supervisors of election shall make prompt report, them- 


46 


under oath, within ten days after the day of election, to the 
officer who, in accordance with the provisions of section two 
thousand and twenty-five, has been designated as the* chief 
supervisor of the judicial district in which the city or town 
wherein they served [act,] of the manner and means by which 
they were not so allowed to fully and freely exercise and dis¬ 
charge the duties and obligations required and imposed herein, 
chieif sup- U P 011 receiving any such report, the chief supervisor, act- 

suchcase 1 k°th in such capacity and officially as a commissioner of the 
circuit court, shall forthwith examine into all the facts ; and 
he shall have power to subpoena and compel the attendance 
before him of any witnesses, and to administer oaths and take 
testimony in respect to the charges made; and, prior to the 
assembling of the Congress for which any such Representative 
or Delegate was voted for, he shall file with the Clerk of the 
House of Representatives all the evidence by him taken, all 
information by him taken, all information by him obtained, 
and all reports to him made. 

townsS ° r Sec. 2021. Whenever an election at which Representatives 
habitants or Helegates in Congress are to be chosen is held in any city 
of e t^ arshal or t° wn °f twenty thousand inhabitants or upward, the marshal 
tesjupon^'f° r the district in which the city or town is situated, shall, on 
request 1 ?/ 11 the application, in writing, of at least two citizens residing in 
shaif ltlzens such city or town, appoint special deputy marshals, whose duty 
deputies, it shall be, when required thereto, to aid and assist the sup- 
Sich es ° f erv isors of election in the verification of an}^ list of persons who 
deputies. ma y } lave registered or voted; to attend in each election dis¬ 
trict or voting precinct at the times and places fixed for the 
registration of voters, and at all times and places, when and 
where the registration may by law be scrutinized, and the 
names of registered voters be marked for challenge ; and also 
to attend, at all times for holding elections, the polls in such 
district or precinct. 

keepthe a11 Sec. 2022. The mars ^ a l an d his general deputies, and such 
P reven and s P ec ^ a ^ deputies, shall keep the peace and support and protect 
fraud, «fec. the supervisors of election in the discharge of their duties, pre¬ 
serve order at such places of resistration and at such poll, pre¬ 
vent fraudulent registration and fraudulent voting thereat, or 
fraudulent conduct on the part of any officer of election, and 
immediately, either at the place of registration or polling place, 


47 


or elsewhere, and either before or after registering or voting, May arrest 
to arrest and take into custody, with or without process, any provided of 
person who commits, or attempts or offers to commit, any ofg^^ ted 
the acts or offences prohibited herein, or who commits any^ a P”““ c ® 
offence against the laws of the United States; but no person or 
shall be arrested without process for an offence not committed marshal * 
in the presence of the marshal or his general or special deputies, 
or either of them, or of the supervisors of election, or either of 
them, and, for the purposes of arrest or the preservation of the 
peace, the supervisor .of election shall, in the absence of the 
marshal’s deputies or if required to assist such deputies, have Butonday 
the same duties and powers as deputy marshals; nor shall any onfyforo^- 
person, on the day of such election, be arrested without process muted oq 1- 
for any offence committed on the day of registration. that day. 

Sec. 2023. "Whenever any arrest is made under any provi¬ 
sion of this title, the person so arrested shall forthwith be rested to be 

. . . . forthwith 

brought before a commissioner, judge, or court ot the United taken before 
States for examination of the offences alleged against him ; and missioner, 
such commissioner, judge or court shall proceed in respect 
thereto as authorized by law in case of crimes against the 
United States. 


Sec. 2024. The marshal or his general deputies, or such 
special deputies as are thereto specially empowered by him, in 
writing, and under his hand and seal, whenever he or either 
or any of them is forcibly resisted in executing their duties 
under this title, or shall by violence, threats or menaces, be 
prevented from executing such duties, or from arresting any 
person who has committed any offence for which the marshal 
or his general or his special deputies are authorized to make 
such arrest, are, and each of them is, empowered to summon 
and call to his aid the bystanders or posse comitatus of his 
district. 


The marsh¬ 
al his gener¬ 
al deputies 
and special¬ 
ly empow¬ 
ered special 
deputies, 
when pre¬ 
vented from 
discharging 
their duties 
have right 
to call upon 
by-standers 
to aid them. 


Sec. 2025. The circuit courts of the United States for each 

Circuit 

judicial circuit shall name and appoint, on or before the fi r stg^ r g a ^ e j 
day of May, in the year eighteen hundred and seventy-on e, to ap- 
and thereafter as vacancies may from any cause arise, from coJSafi: 
among the circuit court commissioner for each judicial district Jhiefsup- 
in each judicial circuit, one of such officers, who shall be Eimion°for 
known for the duties required of him under this Title as the inwhich he 
chief supervisor of election of the judicial district for which missioner. 


48 


Term of he is a commissioner, and shall, so long as faithful and capa¬ 
ble, discharge the duties in this Title imposed. 

Sec. 2026. The chief supervisor shall prepare and furnish 
cwePsnp- all necessary books, forms, blanks and instructions for the use 
emsor. anc [ di rec tion of the supervisors of election in the several 
cities and towns in their respective districts; he shall receive 
the applications of all parties for appointment to such posi¬ 
tions; upon the opening, as contemplated in section two 
thousand and twelve, of the circuit court for the judical circuit 
in which the commissioner so designated acts, he shall present 
such applications to the judge thereof, and furnish information 
to him in respect to the appointment by the court of such 
supervisors of election; he shall require of the supervisors of 
election, when necessary, lists of the persons who may regis¬ 
ter and vote, or either, in their respective election districts or 
voting precincts, and cause the names of those upon any such 
list whose right to register or vote is honestly doubted to be 
verified by proper inquiry and examination at the respective 
places by them assigned as their residences; and he shall re¬ 
ceive, preserve, and file all oaths of office of supervisors of 
election, and of all special deputy marshals, appointed under 
the provisions of this Title, and all certificates, returns, re¬ 
ports, and records of every kind and nature contemplated or 
made requisite by the provisions hereof, save where otherwise 
herein specially directed. 

The mar- Sec. 2027. All United States marshals and commissioners 
u/s. com- who in any judicial district perform any duties under the pre- 

missioners, ... .. . .. . „ . , ^ 

in each dis- ceding provisions relating to, concerning, or affecting the elec- 
formfiganytion of Representatives or Delegates in the Congress of the 

duties im- 1 ° ” 

der this act Uniteds States, from time to time, and with all due diligence, 
papers shall forward to the chief supervisor in and for their judicial 
of P the V ir 8 ° r district, complaints, examinations, and records pertaining 
district. thereto, and all oaths of office by them administered to any 
supervisor of election or special deputy marshal, in order that 
the same may be pi operly preserved and filed. 

mu p st r be 80r8 Sec. 2028. Ro person shall be appointed a supervisor of 
voters of election or a deputy marshal, under the preceding provisions, 
county^&c., who is not, at the time of his appointment, a qualified voter 

in which 


49 


of the city, town, county, parish, election district, or voting poKd e to P ’ 
precinct in which his duties are to be performed. their (Julies. 

Sec. 2029. The supervisors of election appointed for any supervisors 

county or parish, in any congressional district, at the instance fo r p $aces 

of ten citizens, as provided in section two thousand and eleven, cities ofso,- 

shall have no authority to make arrests, or to perform other2ts“to bIt ’ 

duties than to be in the immediate presence of the officers powerto ar- 

holding the election, and to witness all their proceedings, in- more°than 

eluding the counting of the votes and the making of a return SSSgf 10 ’ 

thereof. Appoint¬ 

ment of 

Sec. 2030. Nothing in this Title shall be construed to a u-2S5S^?” L 
thorize the appointment of any marshals or deputy marshals {Jr^Sthor- 
in addition to those authorized by law, prior to the tenth day jn^ p j| orto 
of June, eighteen hundred and seventy-two. tSizedby 

Sec. 2031. There shall be allowed and paid to the chief thls Tltle ’ 
supervisor, for his services as such officer, the following com- fupeirteorf 
pensation, apart from and in excess of all fees allowed by law 
for the performance of any duty as circuit court commission¬ 
er : For filing and caring for every return, report, record, docu¬ 
ment, or other paper required to be filed by him under any of 
the preceding provisions, ten cents; for affixing a seal to any 
paper, record, report, or instrument, twenty cents; for enter¬ 
ing and indexing the records of his office, fifteen cents per 
folio; and for arranging and transmitting to Congress, as 
provided for in section two thousand and twenty, any report, 
statement, record, return, or examination, for each folio, fif¬ 
teen cents ; and for any copy thereof, or of any paper on file, 
a like sum. And there shall be allowed and paid to each 
supervisor of election, and each special deputy marshal who Pay of sup- 
is appointed and performs his duty under the preceding pro- special De¬ 
visions, compensation at the rate of five dollars per day for shais. 
each day he is actually on duty, not exceeding ten days; but 
no compensation shall be allowed, in any case, to supervisors sation n io en " 
of election, except to those appointed in cities or towns olsaveTn^it- 
twenty thousand or more inhabitants. And the fees of the of 20,000 in¬ 
chief supervisors shall be paid at the Treasury of the United 
States, such accounts to be made out, verified, examined, and Fees of 
certified as in the case of accounts of commissioners, save that SSo^toto 
the examination or certificate required may be made by either Treasury. S * 
the circuit or district judge. 


50 


TITLE XXX. 


NATURALIZATION. 


Aliens hon- Sec. 2166. Any alien of the age of twenty-one years and 
fronfthe n P war ds, who has enlisted, or may enlist, in the armies ot the 
militaryser- United States, either the regular or volunteer forces, and has 
on tl proof e of b een , or may be hereafter, honorably discharged, shall be ad- 
resldence 8 m^tcd to become a citizen of the United States, upon his 
petition, without any previous declaration of his intention to 
become such; and he shall not be required to prove more 
than one years’ residence within the United States previous 
to his application to become such citizen ; and the court ad¬ 
mitting such alien shall, in addition to such proof of residence 
and good moral character, as now provided by law, be satis¬ 
fied by competent proof of such person’s having been honor¬ 
ably discharged from the service of the United States. 


Persons ar¬ 
riving in 
their mi¬ 
nority may 
be natural¬ 
ized after 
five years re¬ 
sidence in¬ 
cluding the 
three years 
of their min¬ 
ority with¬ 
out making 
declaration 
of intention 
prior to 
their admis- 


Sec. 2167. Any alien, being under the age of twenty-one 
years, who has resided in the United States three years next 
preceding his arriving at that age, and who has continued to 
reside therein to the time he may make application to be ad 
mitted a citizen thereof, may, after he arrives at the age of 
twenty-one years, and after he has resided five years within 
the United States, including the three years of his minority, 
be admitted a citizen of the United States, without having 
made the declaration required in the first condition of section 
twenty-one hundred and sixtv-five ; but such alien shall make 


the declaration required therein at the time of his admission ; 
and shall further declare on oath, and prove to the satisfaction 
of the court, that, for two years next preceding, it has been 
his bonafide intention to become a citizen of the United States ; 
and he shall in all other respects comply with the laws in re¬ 
gard to naturalization. 


SSScof Sec. 2169. The provisions of this title shall apply to aliens 
sons. per " African nativity and to persons of African descent. 


a citizen 116 Sec 2170. No alien shall be admitted to become a citizen 
edresldence w * 10 * ias not f° r the continued term of five years next preced- 
year 3 V re- h J g his admission resided within the United States. 

quired. 


51 


Sec. 2172. The children of persons who have been duly 
naturalized under the law of the United States, or who, pre- ren of nat- 
vious to the passing of any law on that subject, by the Gov-j! ersons to 
ernment of the United States, may have become citizens of 
any one of the States, under the laws thereof, being under the 
age of twenty-one years at the time of the naturalization of 
their parents, shall, if dwelling in the United States, be con¬ 
sidered as citizens thereof; and the children of persons who 
now are, or have been, citizens of the United States, shall, 
though born out of the limits and jurisdiction of the United 
States, be considered as citizens thereof; but no person here- Exceptl0ns - 
tofore proscribed by any State, or who has been legally con¬ 
victed of having joined the army of Great Britain during the 
Revolutionary War, shall be admitted to become a citizen 
without the consent of the Legislature of the State in which 
such person was proscribed. 


Sec. 2174. Every seaman, being a foreigner, who declares 
his intention of becoming a citizen of the United States in 
any competent court, and shall have served three years on 
board of a merchant vessel of the United States, subsequent 
to the date of such declaration, may, on his application to any 
-competent court, and the production of his certificate of discharge 
and good conduct during that time, together with the certificate 
of declaration of his intention to become a citizen, be admitted 
a citizen of the United States ; and every seaman, being a for¬ 
eigner, shall, after his declaration of intention to become a 
citizen of the United States, and after he shall have served 
such three years, be deemed a citizen of the United States for 
the purpose of manning and serving on board any merchant 
vessel of the United States, anything to the contrary in any 
act of Congress notwithstanding; but such seamen shall, for 
all purposes of protection as an American citizen, be deemed 
such, after the filing of his declaration of intention to become 
such citizen. 


Seamen, be¬ 
ing forei¬ 
gners, may 
become citi¬ 
zens by de¬ 
claring in¬ 
tent and 
serving 
three years 
in merchant 
service. 


When to be 
deemed 
citizens for 
purpose of 
manning or 
serving on 
board 
Amercan 
merchant- 


To be en¬ 
titled to 
protection 
after filing 
declaration 
of intent. 


52 


TITLE LXX. 

CHAPTER FIVE.—FORGERIES, FRAUDS, ETC. 

of 1 certain Sec. ^424 • Every person applying to be admitted a citizen r 

nection COn ’ or a PP ear i n g as a witness for any such person, who knowingly 
naturaiiza- P er sonates any other person than himself, or falsely appears in 
aiienspro- name of a deceased person, or in an assumed or fictitious 
plnafty andname > or falsely makes, forges or counterfeits any oath, notice, 
therefor, affidavit, certificate, order, record, signature, or other instru¬ 
ment, paper or proceeding required or authorized by any law 
relating to or providing for the naturalization of aliens; or 
who utters, sells, disposes of, or uses as true or genuine, or for 
any unlawful purpose, any false, forged, ante dated, or coun¬ 
terfeit oath, notice, certificate, order, record, signature, instru¬ 
ment, paper, or proceeding above specified ; or sells or disposes 
of to any person other than the person for whom it was orig¬ 
inally issued any certificate of citizenship, or certificate show¬ 
ing any person to be admitted a citizen, shall be punished by 
imprisonment at hard labor not less than one year, nor more 
than five years, or by a fine of not less than three hundred 
nor more than one thousand dollars, or by both such fine and 
imprisonment. 

Penalty for Sec. 5425. Every person who uses, or attempts to use, or 
ving_°in pos- aids, or assists, or participates in; the use of any certificate of 
any S1 fa?8e &c ‘ citizenship, knowing the same to be forged, or counterfeit, or 
of 1 natSraii- ante-dated, or knowing the same to have been procured by 
fraud, or otherwise unlawfully obtained ; or who, without law¬ 
ful excuse, knowingly is possessed of any false, forged, ante¬ 
dated, or counterfeit certificate of citizenship, purporting to 
have been issued under the provisions of any law of the United 
States relating to naturalization, knowing such certificate to 
be false, forged, ante-dated, or counterfeit, with intent unlaw¬ 
fully to use the same; or obtains, accepts, or receives any cer¬ 
tificate of citizenship known to such person to have been pro¬ 
cured by fraud or by the use of any false name, or by means 
of any false statement made with intent to procure, or to aid 
in procuring, the issue of such certificate, or known to such 
person to be fraudulently altered or ante-dated; and every 


53 


person who has been or may be admitted to be a citizen who, 
on oath or by affidavit, knowingly denies that he has been so 
admitted, with intent to evade or avoid any duty or liability 
imposed or required by law, shall be imprisoned at hard labor 
not less than one year nor more than five years, or be fined 
not less than three hundred dollars nor more than one thous¬ 
and dollars, or both such punishments may be imposed. 

Sec. 5426. Every person who in any manner uses for the Penalty for 

„ . . 1 J . , . , knowingly 

purpose ot registering as a voter, or as evidence oi a right to usin| any 
vote, or otherwise, unlawfully, any order, certificate of citizen- ^ G c f er ^* 
ship, or certificate, judgment, or exemplification, showing an y J^ liz JJ io 0 ^ 
person to be admitted to be a citizen, whether heretofore or ? s <? f re ?^- 

L t ’ tration or 

hereafter issued or made, knowing that such order or certifi- noting, 
cate, judgment, or exemplification has been unlawfully issued 
or made; and every person who unlawfully uses, or attempts 
to use, any such order or certificate, issued to or in the name 
of any other person, or in a fictitious name, or the name of a 
deceased person, shall be punished by imprisonment at hard 
labor not less than one year nor more than five years, or by a 
fine of not less than three hundred nor more than one thousand 
dollars, or by both such fine and imprisonment. 

Sec. 5427. Every person who knowingly and intentionally Pena it y f 0r 
aids or abets any person in the commission of any*felony aSdTitfi- 
denouneed in the three preceding sections, or attempts to do in°g“ a &a?the 
any act therein made felony, or counsels, advises or procures, actT prohib- 
or attempts to procure, the commission thereof, shall be pun-preceding 06 
ished in the same manner and to the same extent as the prin- sectlons ' 
cipal party. 

Sec. 5428. Every person who knowingly uses any certificate penalty for 
of naturalization heretofore granted by any court, or hereafter plrsfroc'ur- 
granted, which has been or may be procured through fraud or o?without 4 
by false evidence, or has been or may be issued by the clerk,fncourt nce 
or any other officer of the court, without any appearance and 
hearing of the applicant in court and without lawful authority; 
and every person who falsely represents himself to be a citizen Penait^for 
of the United States, without having been duly admitted to iy represen- 
citizenship, for any fraudulent purpose whatever, shall be seif to be a 
punishable by a fine of not more than one thousand dollars, 
or be imprisoned not more than two years, or both. 


54 


Provisions Sec. 5429. The provisions of the five preceding sections- 
sections to shall apply to all proceedings had or taken, or attempted to 
proceedings be had or taken, before any court in which any proceeding for 
tempted to naturalization may be commenced or attempted to be com- 

06 1&K6IU 

menced. 


TITLE LXX. 

CHAPTER SEVEN.—CRIMES AGAINST THE ELECTIVE FRANCHISE 
AND CIVIL RIGHTS OF CITIZENS. 


for D obstruc- ^ EC - 5506. Every person who, by any unlawful means, hin- 
MndeSng a ders, delays, prevents, or obstructs, or combines and confeder- 
doing n any m ates with others to hinder, delay, prevent, or obstruct, any 
rytJTquan- citizen from doing any act required to be done to qualify him 
vote. m t0 to vote, or from voting at any election in any State, Territory,, 
district, county, city, parish, township, school district, munic¬ 
ipality, or other territorial subdivision, shall be fined not less 
than five hundred dollars, or be imprisoned not less than one 
month nor more than one year, or be punished by both such 
fine and imprisonment. 

Penalties Sec. 5507. Every person who prevents, hinders, controls, or 
ting and intimidates another from exercising, or m exercising the right 

hindering a 07 ° ° 

person from of suffrage, to whom that right is guaranteed by the fifteenth 
fra^ebybri- amen< ^ ment to ^ ie Constitution of the United States, by means 
threats &c bakery or threats of depriving such person of employment 
« or occupation, or of ejecting such person from a rented house, 
lands, or other property, or by threats of refusing to renew 
leases or contracts for labor, or by threats of violence to him¬ 
self or family, shall be punished as provided in the preceding 
section. 

Penalties Sec. 5508. If two or more persons conspire to iniure, op- 
ingtopre- press, threaten, or intimidate any citizen m the tree exercise 

ventaciti- r 7 . 

fuUySerci or eil J°y men t °* an y ri ght or privilege secured to him by the 
singany Constitution or laws of the United States, or because of his 

right secur- # < 7 

eato him by Paving so exercised the same ; or if two or more persons go in 
laws. disguise on the highway, or on the premises of another, with 
intent to prevent or hinder his free exercise or enjoyment of 
any right or privilege so secured, they shall be fined not more 
than five thousand dollars and imprisoned not more than ten. 


55 


years; and shall, moreover, be thereafter ineligible to any 
office, or place of honor, profit or trust created by the Consti¬ 
tution or laws of the United States. 

Sec. 5509. If in the act of violating any provision in either Punishment 

of the two preceding sections any other felony or misdemeanor other felony 
, . 0 ** J ormisde- 

be committed, the offender shall be punished for the same meanor is 

. . . r committed. 

with such punishment as is attached to such felony or misde¬ 
meanor by the laws of the State in which the offence is com¬ 
mitted. 

Sec. 5510. Every person who, under color of any law, stat-^ e r na ^ v _ 
ute, ordinance, regulation, or custom, subjects, or causes to be JS§^ of 
subjected, any inhabitant of any State or Territory to the Kinun- 
deprivation of any rights, privileges, or immunities, secured orf a e ^g he 
protected by the Constitution and laws of the United States, 
or to different punishments, pains, or penalties, on account of 
such inhabitant being an alien, or by reason of his color or 
race, than are prescribed for the punishment of citizens, shall 
be punished by a fine of not more than one thousand dollars, 
or by imprisonment not more than one year, or by both. 

Sec. 5511. If, at any election for Representative or Dele- Penalties 

_ ^ . 1 for wrong- 

gate in Congress, any person knowingly personates and votes, {&} voting, 

* laisG per- 

or attempts to vote, in the name of any other person, whether sonatmn, 
living, dead, or fictitious : or votes more than once at the same twi ??< py e - 
election for any candidate for the same office; or votes at a^elvSg 8 ’ 
place where he may not be lawfully entitled to vote; or votes vote » 
without having a lawful righf to vote; or does any unlawful 
act to secure an opportunity to vote for himself, or any other 
person; or by force, threat, intimidation bribery, reward, or 
offer thereof, unlawfully prevents any qualified voter of any 
State, or of any Territory, from freely exercising the right of 
suffrage, or by any such means induces any voter to refuse to 
exercise such right, or compels, or induces, by any such 
means, any officer of an election in any such State or Terri¬ 
tory to receive a vote from a person not legally qualified or 
entitled to vote; or interferes in any manner with any officer 
of such election in the discharge of his duties; or by any of 
such means, or other unlawful means, induces any officer of 
an election, or officer whose duty it is to ascertain, announce, 
or declare the result of any such election, or give or make any 


56 


certificate, document, or evidence in relation thereto, to vio¬ 
late or refuse to comply with his duty or any law regulating 
the same; or knowingly receives the vote of any person not 
entitled to vote, or refuses to receive the vote of any person 
entitled to vote, or aids, counsels, procures, or advises any such 
voter, person, or officer to do any act hereby made a crime, or 
omit to do any duty the omission of which is hereby made a 
crime, or attempt to do so, he shall be punished by a fine of 
not more than five hundred dollars, or by imprisonment not 
more than three years, or by both, and shall pay the costs of 
Penalty for the prosecution. 

acts in and Sec. 5512. If, at any registration of voters for an election 

concerning J •/ o 

the^gistra-for Representative or Delegate in the Congress of the United 
voters. States, any person knowingly personates and registers, or 
attempts to register, in the name of any other person, whether 
living, dead, or fictitious, or fraudulently registers, or fraudu¬ 
lently attempts to register, not having a lawful right so to do; 
or does any unlawful act to secure registration for himself or 
any other person; or by force, threat, menace, intimidation, 
bribery, reward, or offer, or promise thereof, or other unlawful 
means, prevents or hinders any person having a lawful right 
to register from duly exercising such right; or compels or 
induces, by any of such means, or other unlawful means, any 
officer of registration to admit to registration any person 
not legally entitled thereto, or interferes in any manner 
with any officer of registration in the discharge of his 
duties, or by any such mead's, or other unlawful means, 
induces any officer of registration to violate or refuse to com¬ 
ply with his duty or any law regulating the same; or if any 
such officer knowingly and willfully registers as a voter any 
person not entitled to be registered, or refuses to so register 
any person entitled to be registered; or if any such officer or 
For know- other person who has any duty to perform in relation to such 
lectmgor registration or election,in ascertaining, announcing, or declar- 
perfomanyiog the result thereof, or in giving or making any certificate, 
duty &c. document, or evidence in relation thereto, knowingly neglects 
or refuses to perform any duty required by law, or violates 
any duty imposed by law, or does any act unauthorized by 
law, relating to or affecting such registration or election, or 
the v result thereof, or any certificate, document, or evidence in 
relation thereto, or if any person aids, counsels, procures, or 


57 


advises any such voter, person, or officer to do any act hereby For advis- 
made a crime, or to omit any act the omission of which is KYny 116 
hereby made a crime, every such person shall be punishable 52i? by 
as prescribed in the preceding section. crime, &c. 

Sec. 5513. Every registration made under the laws of any Whattobe 
State or Territory, for any State or other election at which registration 
such Representative or Delegate in Congress may be chosen, ceding P sec- 
shall be deemed to be a registration within the meaning of 
the preceding section, notwithstanding such registration is 
also made for the purposes of any State, territorial or munici¬ 
pal election. 

Sec. 5514. Whenever the laws of any State or Territory Presump- 
require that the name of a candidate or person to be voted voting, 
for as a Representative or Delegate in Congress shall be 
printed, written or contained on any ticket or ballot with the 
names of other candidates or persons to be voted for at the 
same election as State, territorial, municipal, or local officers, 
it shall be deemed sufficient prima-facie evidence to convict 
any person charged with voting, or offering to vote, unlaw¬ 
fully, under the provisions of this chapter, to prove that the 
person so charged cast or offered to cast such a ticket or ballot 
whereon the name of such Representative or Delegate might 
by law be printed, written, or contained, or that the person 
so charged committed any of the offences denounced in this 
chapter with reference to such ticket or ballot. 

Sec. 5515. Every officer of an election at which any Repre. Pun^toent 
sentative or Delegate in Congress is voted for, whether such officers who 
officer of election be appointed or created by or under any g|seto 
law or authority of the United States, or by or under any g™JJ 1 ® 1 ' 
State, territorial, district, or municipal law or authority, who 
neglects or refuses to perform any duty in regard to such elec¬ 
tion required of him by any law of the United States, or of 
any State or Territory thereof; or who violates any duty so 
imposed; or who knowingly does any acts thereby unauthor¬ 
ized, with intent to affect any such election, or the result 
thereof; or who fraudulently makes any false certificate of 
the result of such election in regard to such Representative or 
Delegate; or who withholds, conceals, or destroys any certifi¬ 
cate of record so required by law respecting the election of 


58 


any such Representative or Delegate; or who neglects or 
refuses to make and return such certificate as required by law; 
or who aids, counsels, procures, or advises any voter, person, 
or officer to do any act by this or any of the preceding sections 
made a crime, or to omit to do any duty the omission of which 
is by this or any of such sections, made a crime, or attempts to 
do so, shall be punished as prescribed in section fifty-five hun¬ 
dred and ten. 

hin<fermg 0r Sec. 5516. Every person who willfully obstructs, hinders, 

of certain or prevents any officer or other person charged with the exe- 

procese. cu tion of any warrant or process issued under the provisions 

of sections nineteen hundred and eighty-four and nineteen 

hundred and eighty-five, Title “ Civil Rights,” or an}^ person 

lawfully assisting him, from arresting any person for whose 

apprehension suchwarrant or process may have been issued ; 

or rescues, or attempts to rescue such person from the custody 

For rescu- of the officer or other person lawfully assisting when so arrest¬ 
ing persons , . , . . ... . 

from custo-ed, pursuant to the authority herein given ; or aids, abets, or 
assists any person so arrested, directly or indirectly, to escape 
from the custody of the officer or other person legally author- 
Sgor a con- r * i ze d arrest the party; or harbors or conceals any person for 
person for y w ^ 08e arrest a warrant or process has been issued, so as to 
rant^a^ P reven ^ his discovery and arrest, after notice or knowledge of 
been issued, f act that a warrant has been issued for the apprehension of 
such person, shall, for any such offences, be subject to a fine of 
not more than one thousand dollars, or imprisonment not 
more than six months, or both. 

de e puty y ma°r r ^ec. 5517. Every marshal and deputy marshal who refuses 
ing 1 tore 8 ' rece ^ ve an y warrant or other process when tendered to him, 

Se “war- ^ ssue( ^ pursuance of the provisions of section nineteen hundred 

rant - and eighty-five, Title a Civil Rights,” or refuses or neglects 
to use all proper means diligently to execute the same, shall 
be liable to a fine in the sum of one thousand dollars, for the 
benefit of the party aggrieved thereby. 

Penalty for Sec. 5518. If two or more persons in anv State or Terri- 

conspirmg , r 

toprevent tory conspire to prevent by force, intimidation, or threat, any 
ed state? 1 * - P erson frora acce pting or holding any office, trust, or place of 
changing confidence under the United States, or from discharging any 
w!office!° f duties thereof; or to induce by like means any officer of the 


59 


United States to leave any State, district, or place, where his 
duties as an officer are required to be performed, or to injure 
him in his person or property on account of his lawful dis¬ 
charge of the duties of his office, or while engaged in the law¬ 
ful discharge thereof, or to injure his property so as to molest, 
interrupt, hinder, or impede him in the discharge of his offi¬ 
cial duties ; each of such persons shall be punished by a fine 
of not less than five hundred nor more than five thousand 
dollars, or by imprisonment, with or without hard labor, not 
less than six months nor more than six years, or by both such 
fine and imprisonment. 

Sec. 5519. If two or more persons in any State or Terri- Penalty for 
tory conspire, or go in disguise on the highway, or on the to ppriv? 
premises of another, for the purpose of depriving, either di- equal rights 
rectly or indirectly, any person or class of persons of the equal laws, 
protection of the laws, or of equal privileges and immunities 
under the laws ; or for the purpose of preventing or hindering 
the constituted authorities of any State or Territory from giv¬ 
ing or securing to all persons within such State or Territory 
the equal protection of the laws; each of such persons shall 
be punished by a fine of not less than five hundred nor more 
than five thousand dollars, or by imprisonment, with or with¬ 
out hard labor, not less than six months nor more than six 
years, or by both such fine and imprisonment. 

Sec. 5520. If two or more persons in any State or Terri- ^SS>fSng Wr ’ 
tory conspire to prevent by force, intimidation or threat, § t ^® nt 
any citizen who is lawfully entitled to vote, from giving his£™“ 01 £f^ y 
support or advocacy, in a legal manner, toward or in favor of fo r y prSi-° r 
the election of any lawfully qualified person as an elector for p e r esid r e Jt, ce 
President or Vice President, or as a member of the Congress ofCon?r b eeL 
of the United States; or to injure any citizen in person or 
property on account of such support or advocacy; each of 
such persons shall be punished by a fine of not less than five 
hundred nor more than five thousand dollars, or by imprison¬ 
ment, with or without hard labor, not less than six months 
nor more than six years, or by both such fine and imprison 
ment. 

Sec. 5521. If any person be appointed a supervisor of nISect o? r 
election, or a special deputy marshal under the provisions ofpaS 8 of°su- 


60 


pervisor or Title u The Elective Franchise,” and has taken the oath of 



theirdutiee. marshal, and thereafter neglects or refuses, without good and 
lawful excuse, to perform and discharge fully the duties, obli¬ 
gations, and requirements of such office until the expiration of 
the term for which he was appointed, he shall not only be 
subject to removal from office with loss of all pay or emolu¬ 
ments, but shall be punished by imprisonment for not less 
than six months nor more than one year, or by a fine of not 
less than two hundred dollars and not more than five hundred 
dollars, or by both fine and imprisonment, and shall pay the 
costs of prosecution. 

■Supervisors Sec. 5522. Every person, whether with or without any 

and deputy . J r . d 

Snnofbe aut ^ ont J) po wer or process, or pretended authority, power, or 
obstructed, process, of any State, Territory, or municipality, who obstructs, 
with by e an ^ nc * er8 5 assa ults, or by bribery, solicitation, or otherwise, in- 
thority U or ter ^ eres or prevents the supervisors of election, or either 
«af &c ivid ’ °f or the marshal or his general or special deputies, or 

either of them, in the performance of any duty required of 
them, or either of them, or which he or they, or either of 
them, may be authorized to perform by any law of the United 
States, in the execution of process or otherwise, or who by 
any of the means before mentioned hinders or prevents the 
free attendance and presence at such places of registration or 
at such polls of election, or full and free access and egress to 
and from any such place of registration or poll df election, or 
in going to and from any such place of registration or poll of 
election, or to and from any room, where any such registra¬ 
tor molest- tion or election or canvass of votes, or of making any returns 
<or ejected or certificates thereof, mav be had, or who molests, interferes 
fiSyo^pofi- W ^th, removes or ejects from any such place of registration 
mg place, or p 0 p 0 f election, or of canvassing votes cast thereat, or of 
making returns or certificates thereof, any supervisor of elec¬ 
tion, the marshal or his general or special deputies, or either 
of them ; or who threatens, or attempts, or offers so to do, or 
refuses or neglects to aid and assist any supervisor of election, 
or the marshal or his general or special deputies, or either of 
them, in the performance of his or their duties, when required 
by him or them, or either of them, to give such aid and as¬ 
sistance, shall be liable to instant arrest without process, and 


61 


shall be punished by imprisonment not more than two years, Pena]ty 
or by a fine of not more than three thousand dollars, or by therefor * 
both such fine and imprisonment, and shall pay the costs of 
the prosecution. 

Sec. 5523. Every person who, during the progress of any ification of 
verification of any list of the persons who may have registered fufa? to &n- 
or voted, which is had or made under any of the provisions of fawftifIn- 
Title “ The Elective Franchise,” refuses to answer, or re- mTsdemean- 
frains from answering, or, answering, knowingly gives false 
information in respect to any inquiry lawfully made, shall be 
punishable by imprisonment for not more than thirty days, or 
by a fine of not more than one hundred dollars, or by both, 
and shall pay the costs of the prosecution. 

Sec. 5528. Every officer of the Army or Navy, or other Penalty for 
person in the civil, military, or naval service of the United troops at 

otfttG 616C- 

States, who orders, brings, keeps, or has under his authority ttons save ^ 
or control, any troops or armed men at any place where a g en_ mfes e or to 
eral or special election is held in any State, unless such force p| a ? e the 
be necessary to repel armed enemies of the United States or 
to keep the peace at the poles, shall be fined not more than 
five thousand dollars, and suffer imprisonment at hard labor 
not less than three months nor more than five years. 

Sec. 5529. Every officer or other person in the military or Penalty for 

J 1 J m military or 

naval service who, by force, threat, intimidation, order, advice naval om- 
or otherwise, prevents, or attempts to prevent, any qualified Voters 
voter of any State from freely exercising the right of suffrage j£“ ci Sj;| ly 
at any general or special election in such State, shall be fined of 

not more than five thousand dollars, and imprisoned at hard 
labor not more than five years. 

Sec. 5530. Every officer of the Army or Navy who pre- mirnaryo? 
scribes or fixes, or attempts to prescribe or fix, whether by SlttSop- 
proclamation, order, or otherwise, the qualifications ot voters Sbe^al- 
at any election in any State, shall be punished as provided in voters, 
the preceding section. 

Sec. 5531. Every officer or other person in the military or penalty for 
naval service, who by force, threat, intimidation, order, or Sav!a a Si- or 
otherwise, compels, or attempts to compel, any officer holding with 
an election in any State to receive a vote from a person not tions. 
legally qualified to vote, or who imposes, or attempts to im- 


62 


pose, any regulations for conducting any general or special 
election in the State different from those prescribed by law, 
or who interferes in any manner with any officer of an elec¬ 
tion in the discharge of his duty, shall be punished as provid¬ 
ed in section fifty-five hundred and twenty-nine. 

Additional Sec. 5532. Every per«on convicted of any of the offences 

penalty for J 1 J 

violation of specified in the four preceding sections, shall, in addition to 

provisions 1 r # ° ’ 

ceding sec* Punishments therein severally prescribed, be disqualified 
tions. from holding any office of honor, profit or trust under the 
Rights of States ; but nothing in those sections shall be construed 

mjw^orto prevent any officer, soldier, sailor or marine from exercising 

cers to vote the right of suffrage in any election district to which he may 
where law- ° ° J 

tiedto nti 're belong, ^ otherwise qualified according to the laws of the 
served’. State in which he offers to vote. 


INDEX 


See Revised Statutes of the United States,. 39-62 

Registry Laws of New York,. 31-38 

ALIEN— 

See Naturalization. 

AMENDMENTS TO CONSTITUTION, submission of,. 30 

Constitutional amendments,. 30 

ASSEMBLYMEN— 

Separate box for ballot for,. . 23 

APPLICATION of Registry Law,. 38, 57 

do. of United States Law,. 5, 57 

ARREST— 

Persons arrested under U. S. Law to betaken forthwith before 

Commissioner,.29, 47 

When arrest may be made without process,.46, 47 

No arrest of persons for offences committed prior to election 

day without process,. 47 

Supervisors have power to arrest, (§ 2022, R. S. U. S.). 47 

BALLOT to be deposited in box by Inspector,. 24 

BALLOT BOX— 

For Assembly,. 23 

“ Congress,. 23 

“ Presidential Electors,. 23 

“ Senators,.. 23 

“ State,. .. 23 

Opening in,. 23 

To be securely locked,. 23 

BALLOTS in each and every box to be canvassed by Supervisors of 

Election,.27, 44 

BALLOTS TO BE DESTROYED after the Canvass,. 28 

BLANK CHALLENGES,. 13 

BOARD OF INSPECTORS OF ELECTION— 

How organized,. 17 

Chairman of,. 17 

Majority of to act,. 29 

Members to take constitutional oath,. 17 

“ to deposit ballots in boxes,... 24 

“ to appoint clerks,. 17 

To make proclamation of opening and closing of the polls. 17 
See Canvassers. 






























64 


BOARD OF REGISTRY—First Meeting,. 6, 11 

Who to compose,. 6, 31 

Duration of session. 7, 31 

Oath of Members,. 6, 31 

Organization of,. 6, 31 

Place of meeting. . 6, 31 

Power to preserve order,. 7 

Proceedings to be public,. 7 

To appoint clerk,. 6, 36 

To make Register of Electors,. 7, 31 

Punishment for fraud of,. ... 15, 16, 37 

To certify register and copies. 9, 3& 

To keep copy of list for second meeting,.11, 33 

To file original list in city clerk’s office,. 10 

Tq post one copy at place of meeting,. 10 

SECOND MEETING— 

When and where,. 11, 33 

Duration of session,.11, 33 

To revise, add to, substract from and correct the list,.11, 33 

No additions on this or any previous day except in strict con¬ 
formity with §§ 2 and 4,.11, 33 

No person to be placed on the list except he appear in person, 

11, 33, 34 

Copy of list made at first meeting to be used,.11, 33 

Proceedings to be public,.. ..11, 33 

Foreign born persons must produce certificate of naturaliza¬ 
tion or prove its loss or destruction,.12, 34 

Correcting list by erasing names,.12, 34 

In case of doubt the name to be marked for challenge,.12, 13 

Elector may require his name to be added,. 13 

To make statement, . 13 

Subject to challenge,.13, 33, 36 

Registered name to be marked for challenge,.13, 34 

Four copies corrected list to be made and certified,.14, 35 

One to be filed in clerk’s office, and each inspector to retain one, 14, 35 

BOXES—(See ballot box,). 23 

BRIBERY,.15, 20, 35 

CANVASSERS— 

Duty of,. 25, 26, 27, 28, 29, 30 

CANVASS OF VOTES— 

To commence immediately at the closing of the polls and to be 

public,. 25 

First duty comparison of poll lists,. 25 

Order of canvass,. 25 

Ballots in each and every box to be canvassed. 27, 28, 44 

Ballots to be counted,. 25 

Ballots in wrong box, disposition of,. 25 

Proceedings where ballots exceed poll list,. 26 









































65 


Excess to be destroyed,. 26 

Oral announcement of result,. 26 

Statement of result to be made,.26, 27 

Form of,.... 27 

Supervisors'to attest truth of statement made by inspectors, 28, 44 

Copy statement to be filed in clerk’s office,. 28 

Poll list to be filed. 28 

Ballots to be destroyed,. •.. 28 

CERTIFICATE OF NATURALIZATION,...12, 34, 53 

CERTIFICATION OF REGISTER, .14, 35 

CHALLENGES— 

Of the right of any person to be placed on the register,... 8, 34 

Cause for,. .8, 20, 21 

Oath on challenge,. 21, 22 

Who may challenge, .20, 36 

Challenge of right to vote can be made prior to election by 

marking register,. .13, 34 

Oath to challenged person must be put by inspectors when 

vote is offered and if he refuse vote to be rejected,.13, 34 

Oral challenge at the polls, who may make,.20, 36 

Preliminary oath on challenge,. 21 

Questions under preliminary oath, . 21 

Refusal to be sworn or answer questions vote to be rejected,.. 21 

General oath on challenge,. 22 

Oath of persons convicted of crime,.... .21, 22 

CHALLENGES AND OATHS, memorandum of,.. 23 

CLERK OF BOARD OF REGISTRY appointed by board of registry, 6, 36 

Oath of,. 6, 36 

Appointed by board of inspectors,.. 17 

Oath of,. 17 

To enter name and statement of vote,.17, 18, 35 

To enter statement and check the list of votes,.18, 35 

COLORED CITIZENS, no distinction between, and white persons,.. 22 

CONGRESSMEN— 

Separate box for,. 20, 23 

CONVICTS,.21, 22 

CRIMES— 

For advising any one to do any act made a crime, by chap. 7, 

Title 70, (§ 5512, R. S. U. S.)..56, 57 

Punishment of election officers who neglect or refuse to per¬ 
form their duty, (§ 5515, R S. U. S.,).57, 58 

For obstructing execution of process, rescuing persons from 

custody, harboring or concealing, (§ 5116, R. S. U. S.). 58 

For conspiring to prevent officers from discharging duties of 

office, (§ 5518 R. S. U. S.).58, 59 

E 


4 


































66 


For conspiring to prevent any citizen from freely supporting 
any elector for President, &c., or member of congress, 

(§ 5521, R. S. U. S.) . 59 

For obstructing and hindering supervisors and deputy mar¬ 
shals in the discharge of their duties, (§ 5522, R. S. U. S.). • 60, 61 
For refusing to answer or giving false information during pro¬ 
cess of registering, (§ 5523, R. S. ,U. S.) .18, 35, 36, 61 

Fraudulent use of naturalization papers.12, 53 

False registering,.14, 15, 37, 55 

False swearing before the board of registry,.14, 37 

False personation on registration or voting.15, 19, 37, 55 

For obstructing and hindering a citizen from doing any act to 

qualify him to vote. (§ 5506, R. S. U. S.). 54 

For obstructing and hindering a person from exercising right 
of suffrage by bribery, threats, &c., (§§ 5507, 5511, R. S. U. S.) 54, 55 
For conspiring to prevent a citizen from exercising his rights, 

(§ 5508, R. S. U. S.).54, 55 

For wrongful voting, false personation, voting twice, or re 

ceiving illegal votes, (§ 5511, R. S. U. S.).... .55, 56 

For wrongful acts in and concerning registration of voters, 

(§ 5512, R. S. U. S.).15, 16. 37, 56 

Officer knowingly and willfully registering a person not en¬ 
titled to vote, (§ 5512, R. S. U. S.).15, 16, 37, 56 

Officer knowingly neglecting or refusing to perform any duty 

imposed by law, (§ 5512, R. S. U. S.). 56 

False personation on Naturalization,... 52 

Forging or counterfeiting oaths, certificates, &c.,. 52 

For having in his possession false certificates of naturalization, 52 

For knowingly using same,. 53 

For using naturalization papers procured by fraud,. 53 

For representing one’s-self to be a citizen,. 53 

(See Felony.) 


DISTRICTS— 

New election districts,. 8 

To enter names from last poll lists,. . 8, 32 

ELECTION, Board of— 

See board of inspectors of election,. 17 


ELECTION, Proceedings at,.17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 


ELECTOR, (See qualification of voters,). 20, 21 

May require name to be added to register,.13, 34 

Name must appear on register to entitle elector to vote,. .18, 19, 35 

When unregistered elector may vote,.19, 41 

Inspectors to challenge,.13, 34, 36 

Oath may be administered to,..13, 21 

False personation of another, and voting on his name cannot 
deprive a registered person fro^i voting, .19, 20 
























67 


FALSE REGISTRATION, punishment for.14, 15, 37, 55 

FALSE SWEARING before the board of registry.14, 37 

At elections.. .14, 37 

FALSE PERSONATION, in registration or voting....15, 19, 37, 55 

“ on naturalization,. 52 

FALSE STATEMENTS— 

How punished.18, 35, 36, 61 

FELON—See Convicts. .21, 22 

FIRST MEETING of board of registry. . 6, 31, 32 

FORMS— 

Certificate to canvass of registry of election. 9 

Challenge to persons registered, so as to prevent voting with¬ 
out taking general oath. 13 

Preliminary oath on challenge. 21 

General oath. 22 

Oath to convict. 22 

Registry of Electors. 9 

FRAUD— 

Fraudulent use of naturalization papers, .12, 53 

Punishment of inspectors or clerks for..15, 37, 57 

See also Crimes. 

FELONY— 

For registering in more than one election district. 37 

For registering, knowing he is not a qualified voter. 37 

For falsely personating a registered voter. 37 

For aiding and abetting, inducing or procuring any person to 

be fraudulently registered. 37 

For inciting, inviting or procuring any person not a voter to 

vote, or offer to vote. 37 

See also Crimes. 

FOREIGN BORN PERSON— 

Must present a certificate of naturalization when applying for 

registry. .12, 33 

Or prove its loss. 12, 33, 34 

INSPECTORS OF ELECTION— 

to constitute board of registry. 6, 31 

how and when to organize.6, 31 

to be punished for fraud. 15, 16, 37, 57 

ditto for permitting illegal registering or voting, or any viola¬ 
tion of the Registry Act. . 15, 37, 55. 56 

to meet and organize as a board when and where an election 

is to be held. 17 

proceedings on election day. . 17 to 31 

must challenge person offering to vote, when they know or 

suspect he is not a qualified voter. 24 


































68 


majority may act. 29 

See also Crimes. 

do Board of Registry... 

do Board of Inspectors of Election. 

do Canvassers. 

LIST OF VOTERS— 


what to contain. .. 7, 8 

See Register of Electors. 8 

MANDATORY PROVISION.10, 11 

MEMORANDUM— 

Challenges and oaths.:.. - v . 23 

MARSHALS U. S.— 

Marshals and their Deputies cannot be obstructed, hindered 
or interfered with by any State authority or any individual, 

&c., (§ 5522, R. S. U. S.). 60 

Nor molested, removed or ejected from any place of registry 

or polling place, &c., (Id.). 60 

their general and special deputies to preserve order and keep 

the peace, &c..7, 46, 47 

to support and protect the supervisors. 46 

prevent false registrations and voting. 46 

to arrest and take into custody, with or without process, vio¬ 
lators of the national law. 47 

SPECIAL DEPUTY MARSHALS— 

when and how appointed (§ 2021 R. S. U. S.). 46 

their powers and duties, (§§ 2021, 2022, 2023, 2024,). 46, 47 

NATURALIZED CITIZEN. 12, 20, 50 

NATURALIZATION,.50, 51 

proof of... . 12, 34 

Naturalization papers, fraudulent use of,.12, 53 

NEGRO— 

See colored citizens. 22 

NEW ELECTION DISTRICTS.. 8,32 

NON-RESIDENTS— 

Names of, to he erased from register. 12, 34 

Caution as to the exercise of the power.12, 13 

Name to be marked “ challenged,” if declaration is made.... 12, 13 

OATHS— 

By board of registry.6, 31, 32 

By clerk of board. 6, 36 

By persons whose right to register is challenged . . .8, 34, 36 

By persons challenging a registered name. . 13, 34 

By persons requiring names to be registered.13, 34 

By poll clerks. 17 

By inspectors upon organizing on election day. 17 

general oath on claim to vote. . 22 
































69 


on challenge for conviction for bribery or infamous crime.... 22 

memorandum of to be entered by inspectors of election and tlie 

poll clerks.. 23 

ORDER— 

For preservation of. 7, 24, 37, 46 

PENALTIES— 

See Crimes, Felonies. 

PERJURY....14, 37 

See Crimes. 

POLL CLERK— 

See Clerk. 

POLL LIST. 17 

to be copied in making Registry list. 8, 32 

See register of electors. 

POLLS... 17 

PRELIMINARY CHALLENGE— 

See Challenge. 

PRESERVATION OF ORDER— 

Board of Registry, same power as Inspectors of Election. 7, 37 

Marshals and deputies to keep the peace and preserve order, 7, 24, 46 
Board of Inspectors to preserve peace and good order around 

the polls, &c. ... . 7, 24 

PRESIDENTIAL ELECTORS— 

Separate box for ballots... 23 

Separate canvass and statement. 27 

REGISTER OF ELECTORS— 

How made at first meeting of Inspectors.7, 8, 31, 32, 33 

What to contain. 8 

Form of. 9 

Copy to be posted. 10 

Second meeting. . 11, 12, 13, 14, 33, 34 

Revision of, and additions, to be made.11, 12, 13 

Copy of first list to be used.. 11 

Proceedings to be public.11, 33 

Only registered voters can vote,.18, 19-35 

Except when,. 19-41 

REGISTRATION— 

Provisions of national law applied to. 5, 57 

REGISTRY, BOARD OF— 

See Board of Registry. 

REGISTRY LAW.31 to 38 

Where to apply. 38 

RESIDENCE—when gained or lost, (Article 2, § 3,). 21 

RIGHT OF SUFFRAGE.20, 21 

SENATORS— 

Separate box for. 23 




























76 


SUPERVISORS OF ELECTION— 

Supervisors and Deputy Marshals cannot be obstructed, hin¬ 
dered or interfered with by any State authority, or any in¬ 
dividual, &c., (§ 5522, R. S. U. S.). 60 

Nor molested, removed or ejected from any place of registry 

or polling place, &c., (Id.). 60 

Powers and duties (§§ 2016, 2017, 2018, 2019, 2020, R. S. U. S.) 

.. 3, 4, 5, 43, 44, 45 

To mark registry list for identification. .... 9, 10, 14, 43, 44 

To make copy of list. 10 

Authorized to arrest when (§ 2022, R. S. U. S.).46, 47 

Attendance of, at times and places of registration (§ 2016, 

R. S. U. S.).5, 6, 43, 44 

Appointment of, for cities and towns of more than twenty 

thousand inhabitants, (§§ 2011, 2012, R. S. U. S.).42, 43 

Must take oath of office. 3 

For counties and parishes in congressional districts ( §§ 2011, 

2012, R. S. U. S.).42, 43 

To be of different political parties, (§ 2012, R. S. IJ. S.). 3, 43 

Qualifications of (§§ 2012, 2028, R. S. U. S.).3, 43, 48, 49 

Right of, to challenge persons offering to register (§2016, 

R. S. U. S.). 20, 43, 44 

To cause registered names to be marked for challenge (§ 2016, 

R. S. U. S.).. 44 

To make and verify registration and voting lists (§§ 2016, 

2026, R. S. U. S.)./.44, 48 

To personally inspect and scrutinize registry (§ 2016, R. S. U. S.) 43, 44 
To affix signature to each page of list, &c. (§ 2016, R. S. U. S.) 

9, 10, 43, 44 

Attendance of, at times and places of election (§ 2017, R S. U. S.) 44 

do. at times and places of counting votes (§ 2017, R. S. U. S.) 44 

To challenge any vote offered, when (§ 2017, R. S. U. S.). 44 

To remain where ballot boxes are kept, (§ 2017, R. S. U. S) . 44 

To inspect and scrutinize manner of voting, keeping tallies, 

&c. (§ 2017, R. 8. U. S.) . 44 

To personally scrutinize and count each ballot (§ 2018, R. S. 

U. S.). 27, 28, 44, 45 

To make and forward certificates and returns to chief super¬ 
visor (§ 2018, R. S. U. S.). 30, 44, 45 

To attach statement of accuracy of register, fairness of elec¬ 
tion, &c. (§ 2018, R. S. U. S.). 28, 44, 45 

Right of, to occupy any place at registration, and at the polls, 

(§ 2019, R. S. U. S.). 45 

To remain until every duty is completed (§ 2019, R. S. U. S.) 45 

Interference, &c.with, to be reported to chief supervisor (§ 2020, 

R. S. U. S.).45, 46 

Special deputy marshals, to assist the (§ 2021, R. S. U. S.)_46, 47 

Protection of, by marshals and deputies (§ 2022, R. S. U. S.).. 46, 47 
















71 


To have duties and powers of deputy marshals (§ 2022, R. S. 

U. S.). . ..46, 47 

Forms and instructions to be furnished to (§ 2026, R. S. U. S.) 48 

Applications for appointment as (§ 2026, R. S. U. S.).. 48 

Appointed for counties or parishes, limit to authority of (§ 2029, 

R. S. U. S.) 49 

Refusal or neglect of person appointed, after taking oath, to 

perform duties (§ 5521, R. S. U. S.).. .59, 60 

Obstructing, &c, or by bribery, &c., preventing performance 

of duty (§ 5522, R. S. U. S.).60, 61 


UNREGISTERED ELECTORS— 

Cannot vote State and local ticket.18, 19, 35 

When he may vote for representative in Congress.19, 41 

VOTER— 

May examine register. 13 

May require his name to be added... 13 

May challenge registered name as to right to vote.13, 34 

Qualifications of.20, 21 

To state residence, &c. ,.. 13, 18 

Cannot be deprived of his vote, when, &c.19, 20, 41 


See Elector. 

do. Unregistered Electors. 

do. Residence when gained or lost. 





































































































































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